More Details: Head Start Vaccination Requirements

November 23, 2021

Yesterday afternoon, the federal Office of Head Start (OHS) released some additional details of its forthcoming vaccine mandate in the form of a letter from OHS Director Dr. Futrell. OHS plans to issue regulations detailing the mandate in an Interim Final Rule, to be published soon in the Federal Register. While there will be a period of public comment, the rule will take effect upon publication. The regulations will immediately require masks for all individuals ages 2 and up, and covered individuals will need to be vaccinated by January 31, 2022. There will be no option for individuals to elect weekly testing in lieu of getting vaccinated, other than accommodations for medical and religious exemptions.

The vaccine mandate, which will revise the staff health and wellness requirements in the Head Start Program Performance Standards, will apply to “all staff, contractors working directly with children, and volunteers.” Covered individuals will need to receive their second dose in a two-dose series or first in a single-dose series by January 31. They will not have the choice to provide a weekly negative COVID-19 test result in place of vaccination. However, the rule will exempt those who cannot be vaccinated due to medical conditions or sincerely held religious beliefs, practices, or observances. For those granted a vaccine exemption, there will be a weekly testing requirement.

OHS will monitor compliance with the new rule using its existing monitoring system for other health and safety standards. OHS plans to provide additional guidance in the form of a webinar and written responses to questions once the rule is issued.

CAPLAW will continue to monitor developments related to the Head Start vaccine mandate and will update the network and our comprehensive Compliance Guide as we learn more. In the meantime, Head Start grantees who have not done so already should begin developing a written employee vaccination policy and procedures for implementing the vaccination requirement. CAPLAW’s Template Mandatory Vaccination Policy provides employers with a framework for requiring vaccinations while considering accommodations for medical and religious reasons. We intend to tailor this template to include the Head Start mandate once the regulations are published in the Federal Register. CAPLAW has also issued template religious and medical exemption request forms to help CAAs manage requests for accommodations.

This news flash is part of the Community Services Block Grant (CSBG) Legal Training and Technical Assistance (T/TA) Center. It was created by Community Action Program Legal Services, Inc. (CAPLAW) in the performance of the U.S. Department of Health and Human Services, Administration for Children and Families, Office of Community Services Cooperative Agreement – Award Number 90ET0467-03-C3. Any opinion, findings, conclusions, or recommendations expressed in this material are those of the author(s) and do not necessarily reflect the views of the U.S. Department of Health and Human Services, Administration for Children and Families.

The contents of this news flash are intended to convey general information only and do not constitute legal advice. Any communication through this publication or through CAPLAW’s website does not constitute or create an attorney-client relationship. If you need legal advice, please contact CAPLAW or another attorney directly.