OHS Pauses Monitoring on Head Start Mask Mandate

March 1, 2022

In response to new guidance from the CDC that links indoor masking recommendations to community-level spread of COVID-19, the Office of Head Start (OHS) announced that it will pause monitoring for compliance with the mask requirement under the Head Start vaccine and mask mandate (the Rule). While the Rule is still in effect, OHS recognizes that the Head Start mask mandate differs from the CDC’s updated guidance. OHS will provide Head Start grantees with at least two weeks’ notice prior to resuming monitoring for compliance with the mask requirement. 

The CDC’s updated guidance recommends that health officials and individuals consider COVID-19 cases and hospitalizations in their community, as well as the potential for strain on the local health system, when making decisions about community prevention strategies and individual behaviors. The CDC has created a County Check tool indicating whether the COVID-19 risk in a given county is low, medium, or high based on key public health metrics. The CDC only recommends masking in public indoor spaces regardless of vaccination status in areas with a high COVID-19 community level. At all levels, people can wear a mask based on personal preference, informed by personal level of risk. The CDC recommends that people with symptoms, a positive test, or exposure to someone with COVID-19 should wear a mask. 

In its February 28 announcement, OHS acknowledged that the new CDC mask recommendations differ from the Rule, which requires universal masking regardless of community transmission for all individuals ages 2 and older when in a vehicle owned, leased, or arranged by a Head Start program; indoors in a setting when Head Start services are provided; and, for those not fully vaccinated, outdoors in crowded settings or during activities that involve sustained close contact with other people. OHS emphasized that the Rule remains effective, and Head Start programs in states where its enforcement has not been enjoined should continue to follow all sections of the Rule. However, OHS will not evaluate compliance with the mask requirement in its program monitoring while reviewing the new CDC recommendations.

CAPLAW will continue to track developments related to the Rule and its enforcement and will issue additional guidance as necessary. 

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.