Head Start Background Check and QRIS Requirements FURTHER DELAYED, COMMENTS REQUESTED

On November 26, 2019, the federal Office of Head Start (OHS) once again delayed the compliance date for the Head Start Program Performance Standards’ (HSPPS) background check procedures and Quality Rating and Improvement Systems (QRIS) requirements to September 30, 2021. Until that date, Head Start programs must comply with the background check requirements in Section 648A(g) of the Head Start Act (42 U.S.C. § 9843a)(g)) and may delay participation in state and local QRIS systems, although the broader requirement for Head Start programs to take an active role in promoting coordinated early childhood systems continues to be in effect. 

OHS said that it had further delayed the compliance date of the requirements due to concerns that state background check systems would not be operational and fully compliant by September 30, 2019 (the previous effective date). As CAPLAW previously noted, the HSPPS background check requirements were revised to align with the requirements of the Child Care Development Block Grant (CCDBG) Act, and prior delays were intended to accommodate states that were not yet in compliance with CCDBG requirements. In issuing this delay, OHS noted that while states and Head Start programs are making significant progress in implementing the new requirements, very few states are fully compliant with the CCDBG Act requirements. As such, a delay to the HSPPS requirements is necessary until state background check systems are operational. 

In addition to extending the deadline for implementation, OHS is requesting public comment on the issues Head Start programs are encountering as they attempt to come into compliance with the comprehensive background checks. OHS specifically invites feedback on the following questions: 

1. How feasible is it for programs and other stakeholders to conduct comprehensive background checks by September 30, 2021?
2. What obstacles are programs facing today as they attempt to comply with these performance standards?
3. What steps, if any, can the Administration for Children and Families (ACF) take to help programs and other stakeholders comply with these performance standards by September 30, 2021?

Public comments may be submitted at the Regulations.gov portal, available here, or by mail by following the directions on the submission page. Mailed submissions must include the agency name (Office of Head Start) and docket number (HHS-ACF-2019-0006), or Regulatory Information Number (RIN 0970-AC78). 

This is the fourth time that the new HSPPS background check requirements have been delayed. For more information about the impact of the delay and other issues related to the new HSPPS background check procedures, see CAPLAW’s December 2016 News Flash*.

*Note: CAPLAW's December 2016 News Flash reflects the original date of implementation (9/30/2017), which, as stated above, has been delayed to 9/30/2021.

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 – Grant Award Number 90ET0467-03. 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.