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42 U.S.C. § 9843 — Technical assistance and training

submitted 45 years ago by Pub. L. 97-35 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 3,067 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary must provide training and technical assistance for Head Start programs to improve program quality and help children prepare for school. The section directs how that help must be planned, prioritized, funded, and delivered, including help for literacy, staffing, families, rural programs, and career advancement.

(a) Secretarial training and technical assistance.
(1) Authority. Using funds identified in section 9835(a)(2)(C)(i), the Secretary must provide Head Start programs with technical assistance and training, directly or through grants, contracts, or other arrangements the Secretary considers appropriate. The purposes are to improve program quality and help children succeed in school.
(2) Process. The process for deciding what assistance and training to provide must, as far as practicable, address local agencies' and programs' needs for quality improvement and expansion. It must also respond to local needs, including through an ongoing way to receive input from people and agencies running Head Start programs.
(3) Activities. When providing assistance and deciding how to allocate resources, the Secretary must give priority to: (A)(i) correcting program and management deficiencies found in reviews under section 9836a(c), including helping local programs create quality-improvement plans under section 9836a(d)(2); (ii) helping agencies ensure children's school readiness; and (iii) activities that supplement funds under section 9835(a)(5)(B) for classroom staff training and career development, including instruction on serving children with disabilities, and training for non-classroom staff such as home visitors and other staff working directly with families, including training to increase parent involvement, family literacy, and parenting skills. (B) To the maximum extent practicable, the Secretary must also: (i) help agencies create joint efforts with States and other in-State entities for effective professional-development systems; (ii) provide help for family-literacy services, directly or through an experienced entity, both to improve agencies' services and to enable agencies with effective results to train other agencies and cooperating providers; (iii) help agencies and programs take part in communitywide planning, needs assessments (including for homeless children and families), and self-assessments; (iv) help develop full-working-day, full-calendar-year programs when community need is clearly shown, help programs transition to them with parent involvement and all-day programming, and speed sharing of innovative models; (v) help serve families with very young children, including agencies applying to serve or serving additional infants and toddlers under section 9840(a)(5); (vi) help develop sound management, including financial procedures; (vii) help secure and maintain adequate facilities; (viii) help develop mobile and home-based and other innovative models; (ix) support agencies, policy councils, and policy committees that meet section 9836a(a) standards but have program, quality, or financial issues documented in reviews; (x) improve outreach, participation, and service quality for homeless children; limited-English-proficient children and families, especially where their population has greatly increased as measured by the Census Bureau; and children with disabilities, especially when enrollment opportunities or funded enrollment for them is below 10 percent; (xi) increase classroom staff's ability to serve classrooms with children with and without disabilities; (xii) address rural programs' needs, including barriers to recruiting and keeping teachers, developing staff skills, reaching eligible families, involving parents, providing home visits, and obtaining health screenings; (xiii) train governing-body, policy-council, and, when appropriate, policy-committee members to perform their functions; (xiv) help programs have qualified staff who prevent childhood obesity through developmentally appropriate, research-based activities stressing physical activity and healthy nutritional choices in daily classroom and family routines; (xv) help Indian Head Start agencies provide on-site and off-site staff training that builds on Indian children's and families' strengths to improve parent and family engagement and staff development, especially child and family development; and (xvi) help agencies choose and use the measures described in section 9836a(b).
(b) Additional support. The Secretary must use funds identified in section 9835(a)(2)(C)(i)(II)(cc), directly or through grants, contracts, or other arrangements, to support an organization that administers a centralized child-development and national-assessment program leading to recognized credentials for early-childhood personnel. The funds must also support training for personnel serving limited-English-proficient children and families, including English acquisition; serving children found abused or neglected or receiving or referred for child-welfare services; helping children cope with community violence; recognizing common physical and mental-health problems for referral; serving children with disabilities and families; serving migrant and seasonal farmworker families; and serving homeless families.
(c) Outreach. The Secretary must create and carry out outreach to recruit and train professionals from varied backgrounds as Head Start teachers, so teachers reflect the communities where children live and children from varied backgrounds receive more quality services and instruction.
(d) Funds to agencies. Funds under section 9835(a)(2)(C)(i)(II)(aa) must be used for high-quality, sustained, intensive training and technical assistance. (1) They may support one or more of: (A) meeting or exceeding section 9836a(a)(1) standards; (B) enough trained, qualified staff skilled in serving children and families, including limited-English-proficient children and children with disabilities; (C) better management and delivery of services and systems, including direct training for expert consultants; (D) staff who promote language and literacy and children's skills linked to later reading, school success, and the skills, knowledge, abilities, development, and progress in section 9836a(a)(1)(B)(ii); (E) staff qualifications, career development, continuing skill improvement, and partnerships that place and support college students in Head Start centers; (F) learning environments suited to effective services; (G) staff training, child counseling, health, and other services for enrolled children, including children in crisis, experiencing chronic violence or homelessness, living with family substance abuse, or under age 3 when applicable; (H) classes or in-service programs for parenting, job, adult and family literacy (including financial literacy), or classroom-aide and bus-driver training; and (I) other activities identified in agency training plans as appropriate for improvement. (2) Funds must support stronger early language and literacy, high-quality oral-language skills, and literature-rich environments. In consultation with the State system when appropriate, each agency must ensure that every Head Start teacher receives ongoing literacy training, including suitable curricula and assessment; training to build vocabulary and phonological and phonemic awareness in developmentally, culturally, and linguistically suitable ways while supporting a child's native language; training to work with parents on language and early literacy at home; methods for limited-English-proficient children; methods for children with disabilities, including work with language-development specialists; and training tailored to each teacher's early-childhood literacy background. Funds under section 9835(a)(2)(C)(i) may not pay long-distance travel for training available locally or regionally, or substantially similar training.
(e) State-based training and technical assistance system. To deliver a State-based system, which may be a regional group of States, or a national system for migrant, seasonal, and Indian Head Start programs, the Secretary must provide high-quality, sustained, intensive help meeting local grantees' needs and improving capacity to meet or exceed section 9836a(a)(1) standards. The Secretary must: (1) contract in each State with one or more entities experienced in high-quality early-childhood programs, allowing a regional consortium when local grantees determine it is more appropriate; (2) ensure those entities consult local agencies, including Indian and migrant or seasonal agencies when appropriate, the State collaboration office, and the State Head Start Association; (3) encourage States to add other Federal, State, or local funds, not funds under this subchapter, to expand help to other early-childhood providers; (4) within 90 days after each fiscal year, report to the listed House and Senate committees on contract funding and activities; (5) periodically evaluate each State's service delivery for program-quality effects; and (6) ensure contracts address urban and rural grantees.
(f) Indoor air quality. The Secretary must consult appropriate Federal agencies and experts about air-quality issues affecting children's health and tell agencies about existing programs or combinations of programs that can improve indoor air quality.
(g) Career advancement partnership program. (1) From section 9835(a)(2)(C) funds, the Secretary may award demonstration grants lasting at least 5 years to historically Black colleges and universities, Hispanic-serving institutions, and Tribal Colleges and Universities. Grants may: (A) increase associate, bachelor's, and graduate degrees in early-childhood education and related fields earned by agency staff, parents, and community members; (B) pay stipends and tuition, fee, and book costs for courses needed for degrees and teaching certification; (C) develop curricula for diverse children, including culturally relevant skills for African American children, linguistic skills for Hispanic-serving programs serving many limited-English-proficient children, and tribal culture and language for Indian children; (D) upgrade educational personnel to meet subsection (a) standards and improve services for populations served by these institutions; (E) provide technology-literacy programs for Indian agency staff and families; and (F) deliver the degree programs through technology, distance learning, or advanced technology when appropriate. (2) Using Department resources, the Secretary must provide technical help to grantees, including coordination with the White House Initiative on historically Black colleges and universities, and ensure the American Indian Programs Branch can administer the programs and assist Tribal Colleges and Universities. (3) An institution seeking a grant must apply with at least one Head Start agency enrolling large numbers from the relevant populations, in the form and with the information the Secretary requires, and certify a formal partnership for the paragraph (1) activities. (4) “Hispanic-serving institution,” “historically Black college or university,” and “Tribal College or University” have the meanings given in the cited sections of title 20. (5) A student receiving assistance must teach in a center-based Head Start program for as long as the period of assistance, or repay the assistance.

the actual law source: uscode.house.gov ↗public domain
(a) Secretarial training and technical assistance
(1) Authority

From the funds provided under section 9835(a)(2)(C)(i) of this title, the Secretary shall provide, directly or through grants, contracts, or other agreements or arrangements as the Secretary considers appropriate, technical assistance and training for Head Start programs for the purposes of improving program quality and helping prepare children to succeed in school.

(2) Process

The process for determining the technical assistance and training activities to be carried out under this section shall—

(A)

ensure that the needs of local Head Start agencies and programs relating to improving program quality and to program expansion are addressed to the maximum extent practicable; and

(B)

incorporate mechanisms to ensure responsiveness to local needs, including an ongoing procedure for obtaining input from the individuals and agencies carrying out Head Start programs.

(3) Activities

In providing training and technical assistance and for allocating resources for such assistance under this section, the Secretary shall—

(A)

give priority consideration to—

(i)

activities to correct program and management deficiencies identified through reviews carried out pursuant to section 9836a(c) of this title (including the provision of assistance to local programs in the development of quality improvement plans under section 9836a(d)(2) of this title);

(ii)

assisting Head Start agencies in ensuring the school readiness of children; and

(iii)

activities that supplement those funded with amounts provided under section 9835(a)(5)(B) of this title to address the training and career development needs of classroom staff (including instruction for providing services to children with disabilities 1 and non-classroom staff, including home visitors and other staff working directly with families, including training relating to increasing parent involvement and services designed to increase family literacy and improve parenting skills; and

(B)

to the maximum extent practicable—

(i)

assist Head Start agencies in the development of collaborative initiatives with States and other entities within the States, to foster effective professional development systems for early childhood education and development services;

(ii)

provide technical assistance and training, either directly or through a grant, contract, or cooperative agreement with an entity that has experience in the development and operation of successful family literacy services programs, for the purpose of—

(I)

assisting Head Start agencies providing family literacy services, in order to improve the quality of such family literacy services; and

(II)

enabling those Head Start agencies that demonstrate effective provision of family literacy services, based on improved outcomes for children and their parents, to provide technical assistance and training to other Head Start agencies and to service providers that work in collaboration with such agencies to provide family literacy services;

(iii)

assist Head Start agencies and programs in conducting and participating in communitywide strategic planning and needs assessments, including the needs of homeless children and their families, and in conducting self-assessments;

(iv)

assist Head Start agencies and programs in developing and implementing full-working-day and full calendar year programs where community need is clearly identified and making the transition to such programs, with particular attention to involving parents and programming for children throughout the day, and assist the agencies and programs in expediting the sharing of information about innovative models for providing full-working-day, full calendar year services for children;

(v)

assist Head Start agencies in better serving the needs of families with very young children, including providing support and program planning and implementation assistance for Head Start agencies that apply to serve or are serving additional infants and toddlers, in accordance with section 9840(a)(5) of this title;

(vi)

assist Head Start agencies and programs in the development of sound management practices, including financial management procedures;

(vii)

assist in efforts to secure and maintain adequate facilities for Head Start programs;

(viii)

assist Head Start agencies in developing innovative program models, including mobile and home-based programs;

(ix)

provide support for Head Start agencies (including policy councils and policy committees) that meet the standards described in section 9836a(a) of this title but that have, as documented by the Secretary through reviews conducted pursuant to section 9836a(c) of this title, programmatic, quality, and fiscal issues to address;

(x)

assist Head Start agencies and programs in improving outreach to, increasing program participation of, and improving the quality of services available to meet the unique needs of—

(I)

homeless children;

(II)

limited English proficient children and their families, particularly in communities that have experienced a large percentage increase in the population of limited English proficient individuals, as measured by the Bureau of the Census; and

(III)

children with disabilities, particularly if such program’s enrollment opportunities or funded enrollment for children with disabilities is less than 10 percent;

(xi)

assist Head Start agencies and programs to increase the capacity of classroom staff to meet the needs of eligible children in Head Start classrooms that are serving both children with disabilities and children without disabilities;

(xii)

assist Head Start agencies and programs to address the unique needs of programs located in rural communities, including—

(I)

removing barriers related to the recruitment and retention of Head Start teachers in rural communities;

(II)

developing innovative and effective models of professional development for improving staff qualifications and skills for staff living in rural communities;

(III)

removing barriers related to outreach efforts to eligible families in rural communities;

(IV)

removing barriers to parent involvement in Head Start programs in rural communities;

(V)

removing barriers to providing home visiting services in rural communities; and

(VI)

removing barriers to obtaining health screenings for Head Start participants in rural communities;

(xiii)

provide training and technical assistance to members of governing bodies, policy councils, and, as appropriate, policy committees, to ensure that the members can fulfill their functions;

(xiv)

provide activities that help ensure that Head Start programs have qualified staff who can promote prevention of childhood obesity by integrating developmentally appropriate research-based initiatives that stress the importance of physical activity and healthy, nutritional choices in daily classroom and family routines;

(xv)

assist Indian Head Start agencies to provide on-site and off-site training to staff, using approaches that identify and enhance the positive resources and strengths of Indian children and families, to improve parent and family engagement and staff development, particularly with regard to child and family development; and

(xvi)

assisting Head Start agencies in selecting and using the measures described in section 9836a(b) of this title.

(b) Additional support

The Secretary shall provide, either directly or through grants, contracts or other arrangements, funds from section 9835(a)(2)(C)(i)(II)(cc) of this title to—

(1)

support an organization to administer a centralized child development and national assessment program leading to recognized credentials for personnel working in early childhood education and development programs; and

(2)

support training for personnel—

(A)

providing services to limited English proficient children and their families (including services to promote the acquisition of the English language);

(B)

providing services to children determined to be abused or neglected or children referred by or receiving child welfare services;

(C)

in helping children cope with community violence;

(D)

to recognize common health, including mental health, problems in children for appropriate referral;

(E)

to address the needs of children with disabilities and their families;

(F)

to address the needs of migrant and seasonal farmworker families; and

(G)

to address the needs of homeless families.

(c) Outreach

The Secretary shall develop and implement a program of outreach to recruit and train professionals from diverse backgrounds to become Head Start teachers in order to reflect the communities in which Head Start children live and to increase the provision of quality services and instruction to children with diverse backgrounds.

(d) Funds to agencies

Funds made available under section 9835(a)(2)(C)(i)(II)(aa) of this title shall be used by a Head Start agency to provide high-quality, sustained, and intensive training and technical assistance as follows:

(1)

For 1 or more of the following:

(A)

Activities that ensure that Head Start programs meet or exceed the standards described in section 9836a(a)(1) of this title.

(B)

Activities that ensure that Head Start programs have adequate numbers of trained, qualified staff who have skills in working with children and families, including children and families who are limited English proficient and children with disabilities and their families.

(C)

Activities to improve the management and implementation of Head Start services and systems, including direct training for expert consultants working with staff.

(D)

Activities that help ensure that Head Start programs have qualified staff who can promote language skills and literacy growth of children and who can provide children with a variety of skills that have been identified as predictive of later reading achievement, school success, and the skills, knowledge, abilities, development, and progress described in section 9836a(a)(1)(B)(ii) of this title.

(E)

Activities to improve staff qualifications and to assist with the implementation of career development programs and to encourage the staff to continually improve their skills and expertise, including developing partnerships with programs that recruit, train, place, and support college students in Head Start centers to deliver an innovative early learning program to preschool children.

(F)

Activities that help local programs ensure that the arrangement, condition, and implementation of the learning environments in Head Start programs are conducive to providing effective program services to children and families.

(G)

Activities to provide training necessary to improve the qualifications of Head Start staff and to support staff training, child counseling, health services, and other services necessary to address the needs of children enrolled in Head Start programs, including children from families in crises, children who experience chronic violence or homelessness, children who experience substance abuse in their families, and children under 3 years of age, where applicable.

(H)

Activities to provide classes or in-service-type programs to improve or enhance parenting skills, job skills, and adult and family literacy, including financial literacy, or training to become a classroom aide or bus driver in a Head Start program.

(I)

Additional activities deemed appropriate to the improvement of Head Start programs, as determined by the technical assistance and training plans of the Head Start agencies.

(2)

To support enhanced early language and literacy development of children in Head Start programs, and to provide the children with high-quality oral language skills and with environments that are rich in literature in which to acquire language and early literacy skills. Each Head Start agency, in consultation with the State-based training and technical assistance system, as appropriate, shall ensure that—

(A)

all of the agency’s Head Start teachers receive ongoing training in language and emergent literacy (referred to in this subsection as “literacy training”), including appropriate curricula and assessment to improve instruction and learning;

(B)

such literacy training shall include training in methods to promote vocabulary development and phonological awareness (including phonemic awareness) in a developmentally, culturally, and linguistically appropriate manner and support children’s development in their native language;

(C)

the literacy training shall include training in how to work with parents to enhance positive language and early literacy development at home;

(D)

the literacy training shall include specific methods to best address the needs of children who are limited English proficient;

(E)

the literacy training shall include training on how to best address the language and literacy needs of children with disabilities, including training on how to work with specialists in language development; and

(F)

the literacy training shall be tailored to the early childhood literacy background and experience of the teachers involved;

except that funds made available under section 9835(a)(2)(C)(i) of this title shall not be used for long-distance travel expenses for training activities available locally or regionally or for training activities substantially similar to locally or regionally available training activities.

(e) State-based training and technical assistance system

For the purposes of delivering a State-based training and technical assistance system (which may include a consortium of 2 or more States within a region) or a national system in the case of migrant or seasonal Head Start and Indian Head Start programs, as described in section 9835(a)(2)(C)(i)(II)(bb) of this title, that will meet the needs of local grantees, as determined by such grantees, and provide high-quality, sustained, and intensive training and technical assistance to Head Start agencies and programs in order to improve their capacity to deliver services that meet or exceed the standards described in section 9836a(a)(1) of this title, the Secretary shall—

(1)

enter into contracts in each State with 1 or more entities that have a demonstrated expertise in supporting the delivery of high-quality early childhood education and development programs, except that contracts for a consortium of 2 or more States within a geographic region may be entered into if such a system is more appropriate to better meet the needs of local grantees within a region, as determined by such grantees;

(2)

ensure that the entities described in subparagraph (1) determine the types of services to be provided through consultation with—

(A)

local Head Start agencies (including Indian Head Start agencies and migrant or seasonal Head Start agencies, as appropriate);

(B)

the State Head Start collaboration office; and

(C)

the State Head Start Association;

(3)

encourage States to supplement the funds authorized in section 9835(a)(2)(C)(i)(II)(bb) of this title with Federal, State, or local funds other than funds made available under this subchapter, to expand training and technical assistance activities beyond Head Start agencies to include other providers of other early childhood education and development programs within a State;

(4)

provide a report to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, not later than 90 days after the end of the fiscal year, summarizing the funding for such contracts and the activities carried out thereunder;

(5)

periodically evaluate the effectiveness of the delivery of services in each State in promoting program quality; and

(6)

ensure that in entering into such contracts as described in paragraph (1), such entities will address the needs of grantees in both urban and rural communities.

(f) Indoor air quality

The Secretary shall consult with appropriate Federal agencies and other experts, as appropriate, on issues of air quality related to children’s health and inform Head Start agencies of existing programs or combination of programs that provide methods for improving indoor air quality.

(g) Career advancement partnership program
(1) Authority

From amounts allocated under section 9835(a)(2)(C) of this title the Secretary is authorized to award demonstration grants, for a period of not less than 5 years, to historically Black colleges and universities, Hispanic-serving institutions, and Tribal Colleges and Universities—

(A)

to implement education programs that increase the number of associate, baccalaureate, and graduate degrees in early childhood education and related fields that are earned by Head Start agency staff members, parents of children served by such agencies, and members of the communities involved;

(B)

to provide assistance for stipends and costs related to tuition, fees, and books for enrolling Head Start agency staff members, parents of children served by such an agency, and members of the communities involved in courses required to complete the degree and certification requirement to become teachers in early childhood education and related fields;

(C)

to develop program curricula to promote high-quality services and instruction to children with diverse backgrounds, including—

(i)

in the case of historically Black colleges and universities, to help Head Start Agency staff members develop skills and expertise needed to teach in programs serving large numbers of African American children;

(ii)

in the case of Hispanic-serving institutions, programs to help Head Start Agency staff members develop skills and expertise needed to teach in programs serving large numbers of Hispanic children, including programs to develop the linguistic skills and expertise needed to teach in programs serving a large number of children with limited English proficiency; and

(iii)

in the case of Tribal Colleges and Universities, to help Head Start Agency staff members develop skills and expertise needed to teach in programs serving large numbers of Indian children, including programs concerning tribal culture and language;

(D)

to provide other activities to upgrade the skills and qualifications of educational personnel to meet the professional standards in subsection (a) to better promote high-quality services and instruction to children and parents from populations served by historically Black colleges and universities, Hispanic-serving institutions, or Tribal Colleges and Universities;

(E)

to provide technology literacy programs for Indian Head Start agency staff members and families of children served by such agency; and

(F)

to develop and implement the programs described under subparagraph (A) in technology-mediated formats, including through such means as distance learning and use of advanced technology, as appropriate.

(2) Other assistance

The Secretary shall, using resources within the Department of Health and Human Services—

(A)

provide appropriate technical assistance to historically Black colleges and universities, Hispanic-serving institutions, and Tribal Colleges and Universities receiving grants under this section, including coordinating with the White House Initiative on historically Black colleges and universities; and

(B)

ensure that the American Indian Programs Branch of the Office of Head Start of the Administration for Children and Families of the Department of Health and Human Services can effectively administer the programs under this section and provide appropriate technical assistance to Tribal Colleges and Universities under this section.

(3) Application

Each historically Black college or university, Hispanic-serving institution, or Tribal College or University desiring a grant under this section shall submit an application, in partnership with at least 1 Head Start agency enrolling large numbers of students from the populations served by historically Black colleges and universities, Hispanic-serving institutions, or Tribal Colleges and Universities, to the Secretary, at such time, in such manner, and containing such information as the Secretary may require, including a certification that the institution of higher education has established a formal partnership with 1 or more Head Start agencies for the purposes of conducting the activities described in paragraph (1).

(4) Definitions

In this subsection:

(A)

The term “Hispanic-serving institution” has the meaning given such term in section 1101a of title 20.

(B)

The term “historically Black college or university” has the meaning given the term “part B institution” in section 1061(2) of title 20.

(C)

The term “Tribal College or University” has the meaning given such term in section 1059c(b) of title 20.

(5) Teaching requirement

A student at an institution receiving a grant under this subsection who receives assistance under a program funded under this subsection shall teach in a center-based Head Start program for a period of time equivalent to the period for which they received assistance or shall repay such assistance.

Source credit: (Pub. L. 97–35, title VI, § 648, Aug. 13, 1981, 95 Stat. 505; Pub. L. 98–558, title I, § 106, Oct. 30, 1984, 98 Stat. 2879; Pub. L. 101–501, title I, § 116(a), Nov. 3, 1990, 104 Stat. 1232; Pub. L. 102–586, § 7(b), Nov. 4, 1992, 106 Stat. 5035; Pub. L. 103–252, title I, § 114, May 18, 1994, 108 Stat. 642; Pub. L. 105–285, title I, § 114, Oct. 27, 1998, 112 Stat. 2721; Pub. L. 110–134, § 18, Dec. 12, 2007, 121 Stat. 1423; Pub. L. 114–95, title IX, § 9215(nn)(5), Dec. 10, 2015, 129 Stat. 2177.)

history & why it existsrecord from the source credit
  • 1981Enacted · Pub. L. 97-35 · 95 Stat. 505
  • 1984Amended · Pub. L. 98-558 · 98 Stat. 2879
  • 1990Amended · Pub. L. 101-501 · 104 Stat. 1232
  • 1992Amended · Pub. L. 102-586 · 106 Stat. 5035
  • 1994Amended · Pub. L. 103-252 · 108 Stat. 642
  • 1998Amended · Pub. L. 105-285 · 112 Stat. 2721
  • 2007Amended · Pub. L. 110-134 · 121 Stat. 1423
  • 2015Amended · Pub. L. 114-95 · 129 Stat. 2177

A history note hasn’t been published yet. The record shows enactment by Pub. L. 97-35 on 1981-08-13.

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