Setting New Standards: OHS Proposes Revisions to HSPPS 

November 27, 2023

On November 20, 2023, the Office of Head Start (OHS) published a Notice of Proposed Rulemaking  (NPRM) seeking public comments on revisions to the Head Start Program Performance Standards (HSPPS) within a 60-day comment period ending on January 19, 2024. The revisions are extensive and will likely require additional effort and resources to implement which OHS acknowledges may result in a reduction in Head Start slots. The revisions strive to stabilize the Head Start workforce and improve the quality of services provided. While the changes mainly focus on ways grantees operate and administer their programs especially with respect to salaries, benefits, health and wellness, and safety, they also emphasize Head Start’s role in serving those most in need and supporting the whole family.   

OHS is specifically seeking feedback on the practical implications of the changes for Head Start programs. It is interested in grantees addressing the effort required for compliance, if the revisions take effect, and its understanding that some, if not many grantees, may already have practices and procedures in place that reflect the proposed revisions.  

CAPLAW is currently engaged in an in-depth review of the proposed revisions and will continue to provide updates to the Community Action network regarding them. In the meanwhile, in light of the relatively short comment period, we are sharing some highlights from our initial review: 

New approaches to salary determinations: 

• Competitive compensation for all Head Start staff based on an updated pay structure that must be reviewed every 5 years. 
• Pay parity for Head Start education staff with kindergarten through third grade teachers in public preschools. “Head Start education staff” refers to those staff who work directly with children as part of their daily job responsibilities. 
• Wages for all Head Start staff sufficient to cover the basic costs of living in the geographic area. 
• A salary scale, salary schedule, wage ladder or other similar pay structure for program staff that reflects a wage comparability analysis and considers factors such as responsibilities, qualifications and experience. 

More robust fringe benefits: 

• Access to health insurance, paid sick leave and job-protected family leave for full-time staff defined as those working 30 hours per week or more while the program is in session. Compliance with Family Medical Leave Act (FMLA) required if not currently covered by the law. 
• Paid vacation or personal leave commensurate with experience or time working at a program that lasts longer than a typical school year. 
• Facilitation of access to affordable child care for each staff member. 
• Access to short-term behavioral health services for full-time staff that entails minimal or no out-of-pocket costs for staff.  
• Request for feedback on requiring provision of retirement benefits for all full-time staff. 

Increased focus on mental health and wellness for staff and families: 

• Mandated, regularly scheduled breaks. Specifically, a staff member who works a 4- to 6-hour shift must receive at least one 15-minute break; a staff member who works a shift of 6 hours or more must receive at least one 30-minute break. In addition, Head Start teachers may take short, unscheduled “wellness breaks” as needed.  
• New multidisciplinary mental health team that facilitates coordination and collaboration between mental health and other relevant program services, including education, disability, family engagement, and health services. 
• Encouragement to establish lower teacher to child ratios for center-based Early Head Start programs if it does not jeopardize continuity of care.  
• Limits on the number of families assigned to no greater than 40 per individual staff to reduce burdens on family service staff. 
• Higher standards of conduct applicable to staff, consultants, contractors and volunteers that cover “behaviors that would be reasonably suspected to negatively impact the health, mental health or safety of a child”. 

Program emphasis on the whole-family and those most in need: 

• Emphasis on the expulsion prohibition and clarification of the supports and processes to suspend children with the addition of mental health related approaches to assist with understanding and responding to challenging behaviors associated with suspensions.  
• Clarification of intent and purpose of community assessment to facilitate a more effective and efficient approach. 
• Consideration of barriers to enrollment and attendance, such as transportation issues.   
• Adjustment of a family’s income during the eligibility determination to account for excessive housing costs.  
• Clarification of income as gross income that only includes the payments listed and specifically excludes refundable tax credits and forms of public assistance. 
• Expansion of services provided to pregnant women and people by adding access to and discussion of mental health, tracking of service delivery, and provision of services that address disparities across racial and ethnic groups. 

Modernization of programs with a focus on health and safety: 

• New lead testing in water and paint, as well as lead remediation and abatement in Head Start facilities. 
• Use of modern technologies in program recruitment, application, and enrollment processes, while also ensuring equitable access to programs for those without access to technology. 
• Training all staff to report any significant incidents affecting the health and safety of program participants along with those affecting the financial and legal viability of the program no later than 3 days following the incident. 
• Expansion of reportable incidents by adding (i) “mental health” incident occurring in settings where Head Start services are received; (ii) suspected or known lack of supervision or preventative maintenance; and (iii) unauthorized release of a child. 

Implementation timelines vary in duration: 

• For those changes not subject to a timeline, the general effective date will be 60 days after the issuance of the final rule.  
• New wage requirements, for example, have a 7-year ramp-up period for full implementation as of August 2031. 

OHS has released several resources to help Head Start agencies. These resources, including webinar recordings, a fact sheet, and a redline version of the HSPPS, are available here. Comments are due by January 19, 2024, and can be submitted via Regulations.gov here.