42 U.S.C. § 9843a — Staff qualifications and development
submitted 32 years ago by Pub. L. 97-35 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 2,369 words · no verdicts yet
This section sets qualification, training, professional-development, fellowship, staffing-plan, and background-check rules for Head Start personnel. It sets degree and credential targets for classroom teachers and other staff and provides limited waivers when agencies cannot recruit qualified teachers.
(a) Classroom teachers. (1) Each center-based Head Start classroom must have a teacher who can plan learning that develops children's intellectual and physical abilities and school readiness, including literacy, phonemic and print awareness, language and vocabulary, books, early math and science, problem solving, and approaches to learning; maintain a safe and healthy environment; support social and emotional development; and involve families and relationships between children and families.
(2)(A) By September 30, 2013, at least half of nationwide center-based Head Start teachers must have a bachelor's or advanced degree in early-childhood education, or such a degree with coursework equivalent to that major plus preschool teaching experience. (B) By that date, education coordinators and curriculum specialists must be able to help teachers adapt curricula to children's group and individual needs and must have one of those degrees or equivalent coursework and experience. Teaching assistants must have a child-development associate credential, be enrolled in an associate or bachelor's program, or be enrolled in a credential program to finish within 2 years. (C) Agencies must report yearly progress and the number and percentage of covered classroom personnel with credentials or degrees; the Secretary* must send Congress a summary; and monitoring may not impose penalties or sanctions on agencies, programs, or staff solely for not meeting these requirements. (D) These references to Head Start do not include Early Head Start.
(3) Until September 30, 2011, a classroom without a teacher meeting paragraph (2)(A) may use a teacher with an age-appropriate child-development associate credential, an equivalent State* preschool certificate, an associate degree in early-childhood education, a related associate degree plus equivalent coursework and preschool experience, or a bachelor's degree with the specified Teach For America admission, exam, preschool training, and continuing support. From October 1, 2011, the alternatives are an early-childhood associate degree, a related associate degree with equivalent coursework and preschool experience, or the specified Teach For America qualifications.
(4) On request, the Secretary must grant a waiver through September 30, 2011, lasting 180 days and ending on or before September 30, 2011, when an agency unsuccessfully tried to recruit a qualified person and the person hired is enrolled in a credential, certificate, or degree program and will finish within 180 days. From October 1, 2011, the Secretary may grant a 3-year waiver when the agency unsuccessfully tried to recruit a person enrolled in a qualifying degree program who will finish in a reasonable time, and every classroom at least has a teacher with the appropriate child-development associate credential or equivalent State preschool certificate.
(5) Every teacher must complete at least 15 clock hours of professional development yearly. It must be high-quality, sustained, intensive, classroom-focused, intended to have a lasting positive effect, and regularly evaluated for effectiveness. (6) A person receiving financial help for a paragraph (2)(A) degree must teach or work in Head Start for at least 3 years after receiving it, or repay all or a prorated amount based on service completed. (7) Federal funds used for that requirement must go toward degrees from an institution of higher education* as defined in title 20.
(b) Mentor teachers. A “mentor teacher” is responsible for observing and assessing classroom activities and giving on-the-job guidance and training to staff and volunteers to improve qualifications, maintain quality education, and support career development. The Secretary must help agencies establish these positions, prioritize programs with many new staff or difficulty meeting education standards, encourage priority for teachers at the proper career level, and promote model curricula for mentor-teacher competencies.
(c) Family service workers. With relevant public and private agencies and organizations, the Secretary must review and revise or create qualification standards and maximum caseloads for staff providing in-home and other family services; promote model curricula, including parenting and family literacy; promote a nationwide credential showing the required competencies; and promote strategies for special populations, including limited-English-proficient children.
(d) Head Start Fellowships. (1) The Secretary may establish fellowships for local Head Start staff and others working in child development and family services. (2) They must expand Fellows' knowledge and experience through exposure to activities, issues, resources, and approaches so Fellows can contribute significantly to programs under this subchapter. (3) Positions may be in administering HHS agencies' national or regional offices, local agencies and programs, higher-education institutions, public or private child-and-family organizations, or other suitable settings. A Fellow who is not a local Head Start employee may be placed only in an HHS administering agency or local Head Start agency or program. No position may be in an agency whose main or major purpose is influencing Federal, State, or local legislation. (4) Fellowships are competitive and open to non-Federal applicants working in local Head Start or child development and family services when they apply. (5) Terms last 1 year and may be renewed once. (6) Section 9835(a)(2)(E) funds may pay no more than $1,000,000 per fiscal year for stipends and reasonable expenses. (7) Fellows generally are not Federal employees; they are employees for injury compensation under title 5, chapter 81, and Fellows assigned to HHS agencies are executive-branch employees for title 18, chapter 11, and applicable agency conduct standards. (8) The Secretary must issue regulations.
(e) Within 1 year after May 18, 1994, the Secretary, consulting appropriate agencies, organizations, and experts, must create model staffing plans describing staff numbers, types, duties, and qualifications.
(f) Each agency and program must, with each employee, create a professional-development plan for every full-time employee directly serving children, regularly evaluate its effect on effectiveness, and implement it as feasible and practicable.
(g) Before hiring anyone, an agency must interview the person, verify personal and employment references, and obtain either a State, tribal, or Federal criminal-record check covering all jurisdictions where the grantee serves children; the check required by the law of that jurisdiction; or another check required by Federal law.
The Secretary* shall ensure that each Head Start classroom in a center-based program is assigned 1 teacher who has demonstrated competency to perform functions that include—
planning and implementing learning experiences that advance the intellectual and physical development of children, including improving the readiness of children for school by developing their literacy, phonemic, and print awareness, their understanding and use of language, their understanding and use of increasingly complex and varied vocabulary, their appreciation of books, their understanding of early math and early science, their problem-solving abilities, and their approaches to learning;
establishing and maintaining a safe, healthy learning environment;
supporting the social and emotional development of children; and
encouraging the involvement of the families of the children in a Head Start program and supporting the development of relationships between children and their families.
The Secretary shall ensure that not later than September 30, 2013, at least 50 percent of Head Start teachers nationwide in center-based programs have—
a baccalaureate or advanced degree in early childhood education; or
a baccalaureate or advanced degree and coursework equivalent to a major relating to early childhood education, with experience teaching preschool-age children.
The Secretary shall ensure that, not later than September 30, 2013, all—
Head Start education coordinators, including those that serve as curriculum specialists, nationwide in center-based programs—
have the capacity to offer assistance to other teachers in the implementation and adaptation of curricula to the group and individual needs of children in a Head Start classroom; and
have—
a baccalaureate or advanced degree in early childhood education; or
a baccalaureate or advanced degree and coursework equivalent to a major relating to early childhood education, with experience teaching preschool-age children; and
Head Start teaching assistants nationwide in center-based programs have—
at least a child development associate credential;
enrolled in a program leading to an associate or baccalaureate degree; or
enrolled in a child development associate credential program to be completed within 2 years.
The Secretary shall—
require Head Start agencies to—
describe continuing progress each year toward achieving the goals described in subparagraphs (A) and (B); and
annually submit to the Secretary a report indicating the number and percentage of classroom personnel described in subparagraphs (A) and (B) in center-based programs with child development associate credentials or associate, baccalaureate, or advanced degrees;
compile and submit a summary of all program reports described in subclause (I)(bb) to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate; and
not impose any penalties or sanctions on any individual Head Start agency, program, or staff in the monitoring of local agencies and programs under this subchapter not meeting the requirements of subparagraph (A) or (B).
In this paragraph a reference to a Head Start agency, or its program, services, facility, or personnel, shall not be considered to be a reference to an Early Head Start agency, or its program, services, facility, or personnel.
The Secretary shall ensure that, for center-based programs, each Head Start classroom that does not have a teacher who meets the qualifications described in clause (i) or (ii) of paragraph (2)(A) is assigned one teacher who has the following during the period specified:
Through September 30, 2011—
a child development associate credential that is appropriate to the age of children being served in center-based programs;
a State*-awarded certificate for preschool teachers that meets or exceeds the requirements for a child development associate credential;
an associate degree in early childhood education;
an associate degree in a related field and coursework equivalent to a major relating to early childhood education, with experience teaching preschool-age children; or
a baccalaureate degree and has been admitted into the Teach For America program, passed a rigorous early childhood content exam, such as the Praxis II, participated in a Teach For America summer training institute that includes teaching preschool children, and is receiving ongoing professional development and support from Teach For America’s professional staff.
As of October 1, 2011—
an associate degree in early childhood education;
an associate degree in a related field and coursework equivalent to a major relating to early childhood education, with experience teaching preschool-age children; or
a baccalaureate degree and has been admitted into the Teach For America program, passed a rigorous early childhood content exam, such as the Praxis II, participated in a Teach For America summer training institute that includes teaching preschool children, and is receiving ongoing professional development and support from Teach For America’s professional staff.
On request, the Secretary shall grant—
through September 30, 2011, a 180-day waiver ending on or before September 30, 2011, of the requirements of paragraph (3)(A) for a Head Start agency that can demonstrate that the agency has attempted unsuccessfully to recruit an individual who has the qualifications described in any of clauses (i) through (iv) of paragraph (3)(A) with respect to an individual who—
is enrolled in a program that grants a credential, certificate, or degree described in clauses (i) through (iv) of paragraph (3)(A); and
will receive such credential, certificate, or degree under the terms of such program not later than 180 days after beginning employment as a teacher with such agency; and
as of October 1, 2011, a 3-year waiver of the requirements of paragraph (3)(B) for a Head Start agency that can demonstrate that—
the agency has attempted unsuccessfully to recruit an individual who has the qualifications described in clause (i) or (ii) of such paragraph, with respect to an individual who is enrolled in a program that grants a degree described in clause (i) or (ii) of such paragraph and will receive such degree in a reasonable time; and
each Head Start classroom has a teacher who has, at a minimum—
a child development associate credential that is appropriate to the age of children being served in center-based programs; or
a State-awarded certificate for preschool teachers that meets or exceeds the requirements for a child development associate credential.
Each Head Start teacher shall attend not less than 15 clock hours of professional development per year. Such professional development shall be high-quality, sustained, intensive, and classroom-focused in order to have a positive and lasting impact on classroom instruction and the teacher’s performance in the classroom, and regularly evaluated by the program for effectiveness.
The Secretary shall establish requirements to ensure that, in order to enable Head Start agencies to comply with the requirements of paragraph (2)(A), individuals who receive financial assistance* under this subchapter to pursue a degree described in paragraph (2)(A) shall—
teach or work in a Head Start program for a minimum of 3 years after receiving the degree; or
repay the total or a prorated amount of the financial assistance received based on the length of service completed after receiving the degree.
The Secretary shall require that any Federal funds provided directly or indirectly to comply with paragraph (2)(A) shall be used toward degrees awarded by an institution of higher education*, as defined by section 1001 or 1002 of title 20.
For purposes of this subsection, the term “mentor teacher” means an individual responsible for observing and assessing the classroom activities of a Head Start program and providing on-the-job guidance and training to the Head Start program staff and volunteers, in order to improve the qualifications and training of classroom staff, to maintain high quality education services, and to promote career development, in Head Start programs.
In order to assist Head Start agencies in establishing positions for mentor teachers, the Secretary shall—
provide technical assistance and training to enable Head Start agencies to establish such positions;
give priority consideration, in providing assistance pursuant to subparagraph (A), to Head Start programs that have substantial numbers of new classroom staff or that are experiencing difficulty in meeting applicable education standards;
encourage Head Start programs to give priority consideration for such positions to Head Start teachers at the appropriate level of career advancement in such programs; and
promote the development of model curricula, designed to ensure the attainment of appropriate competencies of mentor teachers in Head Start programs.
To improve the quality and effectiveness of staff providing in-home and other services (including needs assessment, development of service plans, family advocacy, and coordination of service delivery) to families of children participating in Head Start programs, the Secretary, in coordination with concerned public and private agencies and organizations examining the issues of standards and training for family service workers, shall—
review, and, as necessary, revise or develop new qualification standards for Head Start staff providing such services;
review, and as necessary, revise or develop maximum caseload requirements, as suggested by best practices*;
promote the development of model curricula (on subjects including parenting training and family literacy) designed to ensure the attainment of appropriate competencies by individuals working or planning to work in the field of early childhood and family services;
promote the establishment of a credential that indicates attainment of the competencies and that is accepted nationwide; and
promote the use of appropriate strategies to meet the needs of special populations (including populations of limited English proficient children).
The Secretary may establish a program of fellowships, to be known as “Head Start Fellowships”, in accordance with this subsection. The Secretary may award the fellowships to individuals, to be known as “Head Start Fellows”, who are staff in local Head Start programs or other individuals working in the field of child development and family services.
The fellowship program established under this subsection shall be designed to enhance the ability of Head Start Fellows to make significant contributions to programs authorized under this subchapter, by providing opportunities to expand their knowledge and experience through exposure to activities, issues, resources, and new approaches, in the field of child development and family services.
Fellowship positions under the fellowship program may be located (subject to subparagraphs (B) and (C))—
in agencies of the Department of Health and Human Services administering programs authorized under this subchapter (in national or regional offices of such agencies);
in local Head Start agencies and programs;
in institutions of higher education;
in public or private entities and organizations concerned with services to children and families; and
in other appropriate settings.
A Head Start Fellow who is not an employee of a local Head Start agency or program may be placed only in a fellowship position located in an agency or program specified in clause (i) or (ii) of subparagraph (A).
Head Start Fellowship positions may not be located in any agency (including a center) whose primary purpose, or one of whose major purposes, is to influence Federal, State, or local legislation.
Head Start Fellowships shall be awarded on a competitive basis to individuals (other than Federal employees) selected from among applicants who are working, on the date of application, in local Head Start programs or otherwise working in the field of child development and children and family services.
Head Start Fellowships shall be for terms of 1 year, and may be renewed for a term of 1 additional year.
From amounts made available under section 9835(a)(2)(E) of this title, the Secretary is authorized to make expenditures of not to exceed $1,000,000 for any fiscal year, for stipends and other reasonable expenses of the fellowship program.
Except as otherwise provided in this paragraph, Head Start Fellows shall not be considered to be employees or otherwise in the service or employment of the Federal Government. Head Start Fellows shall be considered to be employees for purposes of compensation for injuries under chapter 81 of title 5. Head Start Fellows assigned to positions located in agencies specified in paragraph (3)(A)(i) shall be considered employees in the executive branch of the Federal Government for the purposes of chapter 11 of title 18 and for purposes of any administrative standards of conduct applicable to the employees of the agency to which they are assigned.
The Secretary shall promulgate regulations to carry out this subsection.
Not later than 1 year after May 18, 1994, the Secretary, in consultation with appropriate public agencies, private agencies, and organizations and with individuals with expertise in the field of children and family services, shall develop model staffing plans to provide guidance to local Head Start agencies and programs on the numbers, types, responsibilities, and qualifications of staff required to operate a Head Start program.
Each Head Start agency and program shall create, in consultation with an employee, a professional development plan for all full-time Head Start employees who provide direct services to children and shall ensure that such plans are regularly evaluated for their impact on teacher and staff effectiveness. The agency and the employee shall implement the plan to the extent feasible and practicable.
Before a Head Start agency employs an individual, such agency shall—
conduct an interview of such individual;
verify the personal and employment references provided by such individual; and
obtain—
a State, tribal, or Federal criminal record check covering all jurisdictions where the grantee provides Head Start services to children;
a State, tribal, or Federal criminal record check as required by the law of the jurisdiction where the grantee provides Head Start services; or
a criminal record check as otherwise required by Federal law.
Source credit: (Pub. L. 97–35, title VI, § 648A, as added Pub. L. 103–252, title I, § 115, May 18, 1994, 108 Stat. 643; amended Pub. L. 105–285, title I, § 115, Oct. 27, 1998, 112 Stat. 2722; Pub. L. 110–134, § 19, Dec. 12, 2007, 121 Stat. 1430.)
- 1994Enacted · Pub. L. 97-35 · 108 Stat. 643
- 1998Amended · Pub. L. 105-285 · 112 Stat. 2722
- 2007Amended · Pub. L. 110-134 · 121 Stat. 1430
A history note hasn’t been published yet. The record shows enactment by Pub. L. 97-35 on 1994-05-18.
all 0 arguments · sorted by: best
no arguments yet — make the first case