Head Start Vaccine Mandate
Vacated Nationwide 

April 4, 2023

As of April 7, Head Start programs will no longer need to require all staff, as well as volunteers and contractors who work directly with children in the program, to be vaccinated against COVID-19. On March 31, 2023, the U.S. District Court for the Northern District of Texas, Lubbock Division (the “Court”) issued an opinion (Texas v. Becerra, No. 5:21-CV-300-H) that vacated the Head Start vaccine and mask mandate implemented via a November 2021 Interim Final Rule (the “Rule”), which means that it has been declared unlawful and set aside. The Court’s decision struck down the Rule nationwide. 

The Court delayed the effective date of its decision for seven days from its release (until April 7, 2023), to allow the U.S. Department of Health and Human Services (HHS) the opportunity to appeal. At this time, it is unclear whether HHS will do so. In addition, the Office of Head Start (OHS) had previously announced its intention to issue further rulemaking on the vaccine mandate, which it could still do. 

Absent federal mandates, a CAA may still choose to continue to include some or all of these requirements in its personnel policies. Any CAA that wants to do so should consult with a state law attorney to ensure that state-level prohibitions against employer-mandated vaccination and masking requirements, if any, do not apply. 

In its decision, the Court found that HHS exceeded its statutory authority in issuing the Rule and imposing a COVID-19 vaccine mandate via the Head Start Performance Standards. The Court further found that HHS failed to follow the proper rulemaking process and lacked “good cause” to issue the Rule without notice and opportunity to comment. It added that HHS failed to consult a number of key stakeholders – a Head Start Act requirement when modifying the Head Start Performance Standards – and that the Rule was arbitrary and capricious, as it attempted to implement an unreasonably overbroad standard and failed to provide reasonable support for doing so.  

The vaccine mandate had already been enjoined in 25 states, and this decision extends that to the remaining states and territories in the country. This decision also follows the elimination of the Head Start masking mandate, which OHS did via rulemaking in January (see CAPLAW’s news flash).  

Though the Head Start vaccine and masking mandates have been eliminated, CAAs that are Medicare- and Medicaid-certified healthcare providers remain subject to the Centers for Medicare & Medicaid Services (CMS) COVID-19 vaccine requirement, which has survived legal challenges to its validity. 

CAPLAW will continue to monitor developments related to this issue and update the network accordingly. 

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 90ET0482-03. 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.