Overview:
The future of Head Start could look dramatically different under a proposed federal overhaul that some experts say would eliminate many long-standing requirements for staffing, nutrition, parent involvement and classroom instruction.
This story was originally published by EdSource. Sign up for their daily newsletter.
Top Takeaways
- The overhaul would significantly deregulate the early education program.
- A final decision on the proposal is expected in the coming months.
- Over 40,000 public comments were submitted, many in opposition.
The future of Head Start could look dramatically different under a proposed federal overhaul that some experts say would eliminate many long-standing requirements for staffing, nutrition, parent involvement and classroom instruction.
What that overhaul looks like will depend on a final decision expected soon from the U.S. Department of Health and Human Services, or HHS, after reviewing over 40,000 public comments. They include submissions from Head Start administrators, parents, bipartisan coalitions of state legislators, two dozen state attorneys general, including California’s, and members of the public.
Those comments came in response to an August proposal by the Administration for Children and Families, the agency within HHS that oversees the federal Office of Head Start. The proposal would dramatically reduce longstanding regulations governing staffing, nutrition, parent involvement and other aspects of the program. It also proposes academic changes, including English-only instruction, for the federal program that provides free early education to low-income children.
Here’s what experts are watching for as they await a final decision on how Head Start may change.
When is a decision coming?
It is unclear when HHS will publish its final decision, though some observers say it could happen between December and April.
Despite the more than 40,000 public comments, critics do not expect HHS to make significant changes to the proposal.
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“I have no knowledge, but I’m expecting that the final rule will look very similar to the proposed rule,” said Jennesa Calvo-Friedman, an ACLU staff attorney who is part of a team that filed a lawsuit last year alleging attempts by the Trump administration to dismantle Head Start.
“If it looks like the proposed rule, there are things that we think are contrary to law, that are contrary to the Head Start Act, and so I expect we would very seriously consider litigation.”
Some states could also take legal action if the final rule resembles the August proposal. In a 59-page letter submitted as a public comment, two dozen state attorneys general outlined why they believe the proposed rule is unlawful, potentially signaling how states might respond to the final decision.
The Administration for Children and Families agency declined to share a timeline on issuing a final decision. The agency “is currently carefully reviewing each one” of the comments received, a spokesperson wrote in an email to EdSource.
It is unusual for a federal agency to publicly advocate for a proposal while it is still accepting comments, said Melanee Cottrill, executive director of Head Start California. But the federal administration was “promoting their rationale for this rule and defending it” in the press and with congressional offices, she said.
“This process has been very different than typical,” said Cottrill. “Given that unusual effort to really make the case for their proposals, I feel like it’s less likely than normal that they will make changes to it.”
Congressional action is also possible in response to a final rule. Congress can pass statutes that repeal existing rules or prohibit the use of appropriated funds for implementation of the final rule. This path has become increasingly likely after Democrats regained control of the U.S. Senate and House of Representatives in the midterm election.
And, in California, Governor-elect Xavier Becerra is well-versed in the inner workings of Head Start, given that he served as HHS secretary under the Biden administration. Some critics of the proposal to reshape Head Start hope Becerra will lead the national conversation on expanding access to early childcare education.
How did we get here?
The Administration for Children and Families in August published its proposal, titled “Reducing Federal Burden for Head Start Programs.”
It would reduce Head Start’s regulations from more than 100 pages to about 10 pages. The regulations govern classroom ratios, group sizes, nutrition, services for children who speak languages other than English, parent involvement and more.
“Head Start is a program I believe in deeply,” Alex Adams, assistant secretary at the Administration for Families and Children and leader of the Head Start deregulation effort, said in a recent interview with Education Week. “But over time, Washington has layered on rules that make it harder and costlier to serve families. Our 1,600-plus grantees operate in very different communities, and a one-size-fits-all rulebook can’t account for every circumstance.”
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Critics of the proposed changes say the regulations help ensure that Head Start provides consistent, high-quality services regardless of the state or neighborhood where a child resides.
They also argue that the proposal is part of a broader effort to dismantle Head Start, pointing to a series of actions by the second Trump administration that have generated uncertainty for the program.
Last year, a federal budget proposal called for eliminating Head Start funding altogether. But after significant pushback from advocates, Congress restored funding to roughly its previous level.
During last year’s historic federal shutdown, some local Head Start programs temporarily closed after furloughed federal employees were unable to process their funding.
A lawsuit filed last year by the American Civil Liberties Union alleged unlawful attempts to dismantle Head Start via mass federal staff layoffs and delays in funding. A federal judge early this year issued a preliminary injunction that blocked mass office closures and staff layoffs at the Office of Head Start.
The Head Start Act requires that certain standards be maintained, such as health screenings and support for children learning English. The federal administration has said those standards will continue to be enforced and that their proposal is meant to provide flexibility for providers.
“By removing hyper-specific directives on how to meet these requirements, (it) gives recipients more flexibility to design comprehensive services best suited to their community’s needs,” an HHS spokesperson wrote in an August email to EdSource.
The spokesperson said the government’s proposal will maintain the high quality that Head Start is known for, while theoretically creating more than 200,000 new slots nationwide as administrative costs are cut.
Critics maintain the proposal illegally undermines the Head Start Act, and that budgets for grantees are tied, in part, to meeting certain requirements, which could limit flexibility.
How has the public responded to the proposed Head State overhaul?
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The effort to reduce Head Start regulations has drawn an unusually large response, with more than 40,000 public comments.
Previous proposals to change Head Start have received far fewer comments. A separate notice of proposed rulemaking published in May, for example, received under 11,800 comments.
An analysis by Press Audit, a news media literacy organization, examined about two-thirds of the comments submitted in response to the August proposal. Nearly 89% opposed the proposed changes, while about 5% supported them. The remaining comments expressed mixed views or were unclear.
Opposition included bipartisan efforts. The California Legislature called on the state’s congressional delegation to oppose the federal administration’s proposal. Thirty-one members of that delegation later signed a letter strongly opposing the proposed changes.
Support included staff members at The Heritage Foundation, a right-wing think tank that previously published a report arguing that Head Start should be deregulated “until officials end it.”
