Head Start Program CLASS Implementation Date Delay, 87977-87981 [2024-25440]
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Federal Register / Vol. 89, No. 215 / Wednesday, November 6, 2024 / Rules and Regulations
defined in § 97.1002 has passed by
holding instead in the source’s
compliance account an equal number of
CSAPR NOX Ozone Season Expanded
Group 2 allowances for the control
period in the current year.
[FR Doc. 2024–25501 Filed 11–5–24; 8:45 am]
BILLING CODE 6560–50–P
GENERAL SERVICES
ADMINISTRATION
41 CFR Chapter 302
[Notice-MA–2025–01; Docket No. 2024–
0002; Sequence No. 50]
Federal Travel Regulation (FTR);
Relocation Allowances—Waiver of
Certain Federal Travel Regulation
(FTR) Provisions Regarding
Reimbursement of Relocation
Expenses for Residential Realtor
Broker Fees or Real Estate
Commissions
Office of Government-wide
Policy (OGP), General Services
Administration (GSA).
ACTION: Notification of GSA Bulletin
FTR 25–03.
AGENCY:
GSA Bulletin FTR 25–03
informs Federal agencies that certain
provisions of the FTR governing official
relocation entitlements for residence
transactions are temporarily waived in
light of practice changes in the
residential real estate industry that
affect broker compensation.
DATES: Applicability Date: This
notification is effective upon the date of
signature and retroactively applies to
buyer broker fees/real estate
commissions incurred by an employee
on and after August 17, 2024, in
connection with the purchase of a
residence at the new official station
incident to their relocation. This
bulletin will remain in effect until
explicitly canceled or superseded.
FOR FURTHER INFORMATION CONTACT: Mr.
Rick Miller at 202–501–3822, or Ms. Jill
Denning at 202–208–7642, Office of
Government-wide Policy, Office of
Asset and Transportation Management,
or by email at travelpolicy@gsa.gov.
Please cite Notice of GSA Bulletin FTR
25–03.
SUPPLEMENTARY INFORMATION:
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SUMMARY:
Background
Prior to August 17, 2024, the
customary practice in residential real
estate transactions was for only the
seller to pay a broker fee or commission.
The seller’s agent would then split the
fee/commission with the buyer’s agent
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upon sale of the home. As a result of
changes to the residential real estate
industry that went into effect on August
17, 2024, homebuyers now sign an
agreement with their agent specifying
the amount or rate of compensation the
agent will receive, or how this amount
will be determined. While sellers and
their agents can still offer to pay a
buyer’s agent fee/commission, that
exchange must be separately bargained
for. This means that in some
transactions, homebuyers will be
required to pay the full buyer’s agent
fee/commission.
At present, eligible relocating Federal
employees are reimbursed for the
broker’s fee or real estate commission
they paid in the sale of their residence
at the last official station pursuant to 41
CFR 302–11.200(a). However, 41 CFR
302–11.202(b) prohibits reimbursement
for broker fees or commissions paid in
connection with the purchase of a home
at the new official station. Accordingly,
OGP is temporarily waiving language in
41 CFR 302–11.200(a) and 302–
11.202(b) to allow agencies to
retroactively reimburse eligible
relocating employees for buyer broker
fees/real estate commissions incurred by
an employee on and after August 17,
2024, in connection with the purchase
of a residence at the new official station
incident to their relocation.
GSA Bulletin FTR 25–03 can be
viewed at https://www.gsa.gov/
ftrbulletins.
Mehul Parekh,
Acting Associate Administrator, Office of
Government-wide Policy.
[FR Doc. 2024–25815 Filed 11–5–24; 8:45 am]
BILLING CODE 6820–14–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Administration for Children and
Families
RIN 0970–AD09
Head Start Program CLASS
Implementation Date Delay
Office of Head Start (OHS),
Administration for Children and
Families (ACF), Department of Health
and Human Services (HHS).
ACTION: Final rule; delay of
implementation date.
AGENCY:
This final rule describes how
the Office of Head Start officially delays
the date for programs to meet the new
competitive threshold for the
SUMMARY:
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Instructional Support domain of the
Classroom Assessment Scoring System
(CLASS®) used to determine whether a
Head Start agency will be subject to an
open competition under the Designation
Renewal System (DRS). The
implementation date in the Head Start
Program Performance Standards that
raises the CLASS® Instructional Support
competitive threshold from 2.3 to 2.5
was August 1, 2025. This final rule
officially delays this implementation
date to August 1, 2027.
DATES:
Effective date: This final rule is
effective on November 6, 2024.
Implementation date: The
implementation date for the increased
CLASS® Instructional Support
competitive threshold of 2.5 as
described in 45 CFR 1304.11(c)(1)(iii) is
delayed until August 1, 2027.
FOR FURTHER INFORMATION CONTACT:
Jessica Bialecki, Office of Head Start,
202–240–3901 or Jessica.Bialecki@
acf.hhs.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Table of Abbreviations
II. Executive Summary
III. Background and Purpose
A. Background and History
B. Authority
C. Basis and Purpose of Regulatory Action
IV. Discussion of Elements of the Final Rule
V. Waiver of Notice and Comment Process
VI. Regulatory Process Matters
VII. Regulatory Impact Analysis
I. Table of Abbreviations
ACF—Administration for Children and
Families
CLASS®—Classroom Assessment
Scoring System
DRS—Designation Renewal System
HHS—U.S. Department of Health and
Human Services
HSPPS—Head Start Program
Performance Standards
OHS—Office of Head Start
II. Executive Summary
45 CFR Part 1304
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This final rule describes how the
Office of Head Start (OHS) officially
delays the date for programs to meet the
new competitive threshold for the
Instructional Support domain of the
Classroom Assessment Scoring System
(CLASS®) used to determine whether a
Head Start agency will be subject to an
open competition under the Designation
Renewal System (DRS). The
implementation date in the Head Start
Program Performance Standards
(HSPPS) that raises the CLASS®
Instructional Support competitive
threshold from 2.3 to 2.5 was August 1,
2025. This final rule officially delays
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Federal Register / Vol. 89, No. 215 / Wednesday, November 6, 2024 / Rules and Regulations
this implementation date to August 1,
2027. The 2.3 competitive threshold that
was established through regulation in
2020 has not yet been fully
implemented due to a pause in CLASS®
observations during the COVID–19
pandemic. Therefore, the fiscal year
2024 (FY24) OHS monitoring cycle
(2023–2024 program year) was the first
time the 2.3 competitive threshold is
fully implemented. The graduated
approach established by the 2020 rule
was put in place to allow sufficient time
for grant recipients to make necessary
quality improvements. However, the
unexpected pause in CLASS®
observations due to the pandemic
shortened the 5-year implementation
time frame to less than 2 years. This
decision to delay the Instructional
Support competitive threshold increase
is also based on OHS’ anticipated
timeline for adopting an updated
CLASS® tool—CLASS® 2nd Edition—
and the associated training, technical
assistance, and certification procedures
required for both OHS and Head Start
programs to implement this revised tool.
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III. Background and Purpose
A. Background and History
OHS provides grant awards to local
public and private non-profit and forprofit agencies to provide
comprehensive education and child
development services to economically
disadvantaged children, birth to age
five, and their families, to help young
children develop the skills they need to
be successful in school. The HSPPS
define requirements grant recipients
must meet to operate high quality Head
Start programs. The HSPPS also provide
a structure for OHS to monitor and
enforce quality standards. One of these
requirements is that programs meet or
exceed a threshold score on each of
three domains measured by the
CLASS®. The CLASS® is an observation
instrument that assesses the quality of
teacher-child interactions in centerbased preschool classrooms. The three
domains of the CLASS® include:
Emotional Support, Classroom
Organization, and Instructional Support.
A grant recipient is subject to an open
competition if their average score across
all classrooms observed is below the
competitive threshold on any of these
three domains. In 2020, OHS published
a final rule establishing an increased
competitive threshold of 2.3 for the
Instructional Support domain through
July 31, 2025. However, this threshold
is being fully implemented for the first
time during the FY24 monitoring cycle,
due to delays caused by the COVID–19
pandemic. As described in 45 CFR
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1304.11(c)(1)(iii), the competitive
threshold for this domain would have
further increased to 2.5 on August 1,
2025. This timeline was initially
developed prior to the COVID–19
pandemic, to allow programs more time
to ramp up the Instructional Support
threshold for accountability. This
notification officially extends the
implementation deadline for the
increased Instructional Support
competitive threshold of 2.5 to August
1, 2027. Accordingly, the lower
competitive threshold of 2.3 will be in
place for CLASS® observations collected
as part of monitoring reviews that occur
through July 31, 2027.
The HSPPS requires that programs are
observed using the CLASS® as part of
the Head Start DRS (outlined in
§ 1304.11), and programs are required to
meet specific thresholds for noncompetitive grant renewal. While
individual classrooms are observed and
scored, OHS averages scores across all
classrooms observed for a given program
and calculates a program-level average
score, which is used for competition
determination. Through at least the
fiscal year 2025 (FY25) monitoring
cycle, OHS is using the 2008 version of
the CLASS®, which consists of three
domains: Emotional Support, Classroom
Organization, and Instructional Support.
The current thresholds for competition
are 5, 5, and 2.3, respectively. Since
OHS did not conduct CLASS® reviews
for two years due to the COVID–19
pandemic, the 2020 final rule that
established the new Instructional
Support threshold of 2.3 was
implemented for the first time in FY24.
This final rule provides an extended
timeframe for increasing the
Instructional Support competitive
threshold and gives OHS sufficient time
to fully implement the 2.3 threshold
before it increases to 2.5.
Further, in 2022, Teachstone, the
company that owns the CLASS® tool,
published CLASS® 2nd Edition. The
second edition of the CLASS® tool is
described as a more inclusive and
equitable approach to observing adultchild interactions in the classroom. As
a result, several, but not all, Head Start
programs are opting to re-train program
staff members on CLASS® 2nd Edition
for their own professional development
and classroom quality tracking
purposes. This process requires
additional time, as well as training and
technical assistance support materials,
to take the new certification test.
However, for OHS to shift its entire
oversight and technical assistance
systems to CLASS® 2nd Edition, there
needs to be a substantial scale-up of the
training and certification processes that
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Teachstone and the Head Start technical
assistance network provide. A number
of these training supports have not yet
been available at the capacity needed for
a universal shift by OHS and the Head
Start community to the updated
measure. OHS understands the urgency
with which its oversight system must
adapt to CLASS® 2nd Edition. However,
due to lack of adequate supports in
place to train the entire Head Start
system of observers and trainers, it will
not be possible for OHS to transition to
CLASS® 2nd Edition prior to the date
originally set by the 2020 final rule for
the increase in the Instructional Support
competitive threshold (August 1, 2025).
B. Authority
We publish this final rule under the
authority granted to the Secretary of
Health and Human Services by section
641 (42 U.S.C. 9836) as amended by the
Improving Head Start for School
Readiness Act of 2007 (Pub. L. 110–
134). Under this section, the Secretary is
required to develop a system for
designation renewal Specifically, the
Act requires the Secretary to ‘‘. . .
modify, as necessary, program
performance standards by regulation
applicable to Head Start agencies and
programs . . .’’ 1 This rule meets the
statutory requirements Congress put
forth in its 2007 bipartisan
reauthorization of the Head Start and
addresses Congress’s mandate that
called for the Secretary to review and
revise the performance standards. The
Secretary has determined that the
modifications to performance standards
contained in this regulation are
appropriate and needed to effectuate the
goals of the performance standards and
the purposes of the Act.
C. Basis and Purpose of Regulatory
Action
In this final rule, OHS extends the
timeline for the increased competitive
threshold of 2.5 to August 1, 2027, to
give programs more time to adjust to the
Instructional Support competitive
threshold of 2.3 that is being
implemented for the first time in FY24,
provide additional time to acclimate to
the CLASS® 2nd Edition measure, and
to strengthen ongoing technical
assistance for program staff on the
updated CLASS® measure.
This extended timeframe gives OHS
additional time to consider the
implications of adopting CLASS® 2nd
Edition universally and determine the
most appropriate plan for this change,
and to ensure that grant recipients have
sufficient notice to adjust to and adopt
1 See
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section 641A(a)(1) and (2) of the Act.
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this revised tool. Grant recipients will
be provided ample notice from OHS
before it begins using CLASS® 2nd
Edition for monitoring purposes.
Switching Head Start monitoring and
technical assistance to use CLASS® 2nd
Edition should not be implemented in
the same year as the change in the
competitive threshold for Instructional
Support. This will place undue burden
on programs and the Head Start
monitoring and technical assistance
system.
Extending the implementation date
for the increased competitive threshold
for the Instructional Support domain
also allows OHS to prepare relevant
program staff and members of the Head
Start Training and Technical Assistance
(TTA) network to be responsive to
program needs for TTA as they make the
transition to CLASS® 2nd Edition. Retraining the entire Head Start TTA
network on CLASS 2nd Edition requires
a multiple-day, in-person or online
training and a certification test where
staff must score within a specific range
to pass. OHS anticipates needing the
time that this extension allows to ensure
its network of observers and trainers are
certified on CLASS® 2nd Edition.
ACF recognizes that some Head Start
programs are already starting to re-train
their staff and several members of the
TTA network have done so as well. At
the same time, programs are learning
and understanding what the new
CLASS® 2nd Edition scores mean and
how to interpret them, and the TTA
network is learning how to provide
follow-up TTA to support programs
once they receive their new scores. The
longer implementation window for the
increased Instructional Support
threshold allows programs and OHS to
adjust programming, policies, and
procedures to be responsive to this
changing landscape.
IV. Discussion of Elements of the Final
Rule
Section 1304.11 Basis for Determining
Whether a Head Start Agency Will Be
Subject to an Open Competition
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ACF is changing the implementation
date for the instructional support
competitive threshold domain increase
to 2.5 from August 1, 2025, to August
1, 2027.
V. Waiver of Notice and Comment
Process
When engaging in rulemaking, HHS
will ordinarily publish a notice of
proposed rulemaking in the Federal
Register to provide a period for public
comment before the provisions of a rule
take effect in accordance with section
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553(b) of the Administrative Procedure
Act (APA).2 However, we can waive this
notice and comment procedure if we
find, for good cause, that the notice and
comment process is impracticable,
unnecessary, or contrary to the public
interest, and incorporate a statement of
the finding and the reasons therefore in
the notice. HHS finds good cause to
waive public comment under section
553(b) of the APA because it is
unnecessary and contrary to the public
interest to provide for public comment
in this instance. The existing CLASS®
competitive thresholds for Head Start
programs continue to be in effect for
competition determinations. As such,
the delayed implementation date poses
no harm or burden to programs or the
public. A period for public comment
would have only extended programs’
concerns about meeting the new
threshold by the previous
implementation date of August 1, 2025.
VI. Regulatory Process Matters
We have examined the impacts of the
final rule under Executive Order 12866,
Executive Order 13563, Executive Order
13132, the Regulatory Flexibility Act (5
U.S.C. 601–612), and the Unfunded
Mandates Reform Act of 1995 (Pub. L.
104–4). Executive Orders 12866 and
13563 direct us to assess all benefits,
costs, and transfers of available
regulatory alternatives and, when
regulation is necessary, to select
regulatory approaches that maximize
net benefits (including potential
economic, environmental, public health
and safety, and other advantages;
distributive impacts; and equity).
Section 3(f) of Executive Order 12866,
as amended by Executive Order 14094,
defines a ‘‘significant regulatory action’’
as an action that is likely to result in a
rule: (1) Having an annual effect on the
economy of $200 million or more, or
adversely affecting in a material way the
economy, a sector of the economy,
productivity, competition, jobs, the
environment, public health or safety, or
State, local, territorial, or Tribal
governments or communities; (2)
creating a serious inconsistency or
otherwise interfering with an action
taken or planned by another agency; (3)
materially altering the budgetary
impacts of entitlement grants, user fees,
or loan programs or the rights and
obligations of recipients thereof; or (4)
raising legal or policy issues for which
centralized review would meaningfully
further the President’s priorities or the
principles set forth in Executive Order
12866, as specifically authorized in a
timely manner by the Administrator of
25
PO 00000
U.S.C. 553(b).
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87979
the Office of Information and Regulatory
Affairs in each case. The Regulatory
Impact Analysis (RIA) for this final rule
does not identify economic impacts that
exceed the threshold for significance
under Section 3(f)(1) of Executive Order
12866.
Congressional Review Act
Subtitle E of the Small Business
Regulatory Enforcement Fairness Act of
1996 (also known as the Congressional
Review Act or CRA) allows Congress to
review ‘‘major’’ rules issued by Federal
agencies before the rules take effect, see
5 U.S.C. 801(a). The CRA defines a
major rule as one that has resulted, or
is likely to result, in (1) an annual effect
on the economy of $100 million or
more; (2) a major increase in costs or
prices for consumers, individual
industries, Federal, State, or local
government agencies, or geographic
regions; or (3) significant adverse effects
on competition, employment,
investment, productivity, or innovation,
or on the ability of United States-based
enterprises to compete with foreignbased enterprises in domestic and
export markets, see 5 U.S.C. 804(2). This
action is not a major rule because it will
not have an annual effect on the
economy of $100 million or more.
Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA),
see 5 U.S.C. 605(b) as amended by the
Small Business Regulatory Enforcement
Fairness Act, requires federal agencies
to determine, to the extent feasible, a
rule’s impact on small entities, explore
regulatory options for reducing any
significant impact on a substantial
number of such entities, and explain
their regulatory approach. The term
‘‘small entities,’’ as defined in the RFA,
comprises small businesses, not-forprofit organizations that are
independently owned and operated and
are not dominant in their fields, and
governmental jurisdictions with
populations of less than 50,000. Under
this definition, some Head Start grant
recipients may be small entities. We
consider a rule to have a significant
impact on a substantial number of small
entities if it has at least a three percent
impact on revenue on at least five
percent of small entities. However, the
Secretary certifies, under 5 U.S.C.
605(b), as enacted by the Regulatory
Flexibility Act (Pub. L. 96–354), that
this rule will not have a significant
impact on a substantial number of small
entities. This final rule simply delays
the date by which the threshold will
increase for the CLASS® Instructional
Support domain that would trigger
competition for a Head Start grant
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Federal Register / Vol. 89, No. 215 / Wednesday, November 6, 2024 / Rules and Regulations
recipient. We do not expect increased
costs for recipients due to this delayed
implementation date; therefore, we do
not expect there to be a significant
impact on a substantial number of small
entities.
to prepare a family policymaking
assessment, see Public Law 105–277,
because the action it takes in this final
rule will not have any impact on the
autonomy or integrity of the family as
an institution.
Unfunded Mandates Reform Act of 1995
The Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4, section 202(a))
requires us to prepare a written
statement, which includes estimates of
anticipated impacts, before proposing
‘‘any rule that includes any Federal
mandate that may result in the
expenditure by State, local, and Tribal
governments, in the aggregate, or by the
private sector, of $100,000,000 or more
(adjusted annually for inflation) in any
one year.’’ The current threshold after
adjustment for inflation is $183 million,
using the most current (2023) Implicit
Price Deflator for the Gross Domestic
Product. This final rule will not result
in expenditures that meet or exceed this
amount. Head Start grant recipients
receive over $12 billion annually in
Federal funding to implement the
requirements of the program, including
changes as a result of this final rule.
Paperwork Reduction Act of 1995
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Federalism Assessment Executive Order
13132
Executive Order 13132 requires
Federal agencies to consult with State
and local government officials if they
develop regulatory policies with
federalism implications. Federalism is
rooted in the belief that issues that are
not national in scope or significance are
most appropriately addressed by the
level of government close to the people.
This final rule will not have substantial
direct impact on the States, on the
relationship between the Federal
Government and the States, or on the
distribution of power and
responsibilities among the various
levels of government. Therefore, in
accordance with section 6 of Executive
Order 13132, it is determined that this
action does not have sufficient
federalism implications to warrant the
preparation of a federalism summary
impact statement.
Treasury and General Government
Appropriations Act of 1999
Section 654 of the Treasury and
General Government Appropriations
Act of 1999 requires Federal agencies to
determine whether a policy or
regulation may negatively affect family
well-being. If the agency determines a
policy or regulation negatively affects
family well-being, then the agency must
prepare an impact assessment
addressing seven criteria specified in
the law. ACF believes it is not necessary
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The Paperwork Reduction Act (PRA)
of 1995, 44 U.S.C. 3501 et seq.,
minimizes government-imposed burden
on the public. In keeping with the
notion that government information is a
valuable asset, it also is intended to
improve the practical utility, quality,
and clarity of information collected,
maintained, and disclosed.
The PRA requires that agencies obtain
Office of Management and Budget
(OMB) approval, which includes issuing
an OMB number and expiration date,
before requesting most types of
information from the public.
Regulations at 5 CFR part 1320
implemented the provisions of the PRA
and § 1320.3 of this part defines a
‘‘collection of information,’’
‘‘information,’’ and ‘‘burden.’’ PRA
defines ‘‘information’’ as any statement
or estimate of fact or opinion, regardless
of form or format, whether numerical,
graphic, or narrative form, and whether
oral or maintained on paper, electronic,
or other media (5 CFR 1320.3(h)). This
includes requests for information to be
sent to the government, such as forms,
written reports and surveys,
recordkeeping requirements, and thirdparty or public disclosures (5 CFR
1320.3(c)). ‘‘Burden’’ means the total
time, effort, or financial resources
expended by persons to collect,
maintain, or disclose information. This
action does not include any new
information collection requirements or
changes to existing information
collection requirements.
VII. Regulatory Impact Analysis
Need for Regulatory Action
As summarized previously, the 2.3
competitive threshold for the CLASS®
Instructional Support domain that was
established through regulation in 2020
has not yet been fully implemented due
to a pause in CLASS® observations
through OHS monitoring during the
COVID–19 pandemic. Therefore, the
FY24 OHS monitoring cycle (2023–2024
program year) was the first year in
which the 2.3 competitive threshold
was fully implemented with grant
recipients. The graduated approach
established by the 2020 final rule was
put in place to allow sufficient time for
grant recipients to make necessary
quality improvement in the
Instructional Support domain (a domain
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in which early childhood programs
nationally tend to score lower, relative
to other domains of the CLASS®).
Increasing the competitive threshold to
2.5 in August 2025 does not allow
sufficient time for the phase in approach
envisioned in the 2020 final rule.
In addition, OHS currently uses the
2008 version of the CLASS®. But in
2022, the developer of the CLASS® tool
released an updated version called
CLASS® 2nd Edition. This updated
version is marketed as a more equitable
and inclusive measure of teacher-child
interactions in classroom settings. As a
result, many Head Start programs are
already re-training staff members on
CLASS® 2nd Edition; this process
requires additional technical assistance
and training support materials, multiday training workshops, and additional
time to take the new certification test, as
well as significant costs. A number of
these supports have not yet been
available at the capacity or scale needed
for a universal shift by OHS’s
monitoring system to the updated
version of the tool. In addition, it will
take time to ensure all OHS reviewers
are certified in the new edition, and to
revise OHS monitoring processes,
materials, and training to reflect
CLASS® 2nd Edition. Accordingly, OHS
has not yet adopted this new version of
the tool for federal monitoring purposes
and is continuing to use the 2008
version of CLASS® through at least the
FY25 monitoring cycle. However, we do
intend to transition to CLASS® 2nd
Edition in the future, and we want to
provide programs with an adequate
adjustment period with the new tool
before making another system-wide
change by increasing the competitive
threshold for Instructional Support.
Cost Savings Analysis
There are approximately 1,900 grants
in Head Start. Absent this final rule, the
competitive threshold for the CLASS®
Instructional Support threshold will
increase from a 2.3 to a 2.5 on August
1, 2025. During the 2025–2026 program
year, we estimate that approximately
280 grants will receive a CLASS®
review from OHS. During the 2026–
2027 program year, we estimate that
approximately 400 grants will a receive
a CLASS® review from OHS. Based on
OHS monitoring data from CLASS®
reviews conducted during the 2023–
2024 program year, we estimate that
approximately seven percent of grants
reviewed in a given year would receive
a score below 2.3 on CLASS®
Instructional Support and
approximately 13 percent would receive
a score below 2.5. If we apply these
percentages to the expected number of
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CLASS® reviews to be conducted in the
2025–2026 and 2026–2027 program
years, we observe the following
approximate numbers of grants that
would be triggered to compete under
DRS due to their CLASS® Instructional
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Support score, either in the presence or
absence of this final rule.
Grants to compete absent
final rule
(instructional support
threshold = 2.5)
Program year
87981
Grants to compete with
final rule
(instructional support
threshold = 2.3)
2025–2026 (280 grants) ......................................................................................
2026–2027 (400 grants) ......................................................................................
36
52
20
28
Total ..............................................................................................................
88
48
In other words, with this final rule,
approximately 40 total fewer grants
would be designated to compete due to
their CLASS® Instructional Support
scores received as a part of OHS
monitoring during the 2025–2026 and
2026–2027 program years. The cost for
competition associated with completing
a competitive application is estimated at
$3,538 per applicant. This assumption
includes 60 hours per competitive
application at a cost of approximately
$58.96 per hour in staff time (we
multiply an hourly wage of
approximately $29.48 by two to account
for fringe benefits). Applications would
likely be completed by a combination of
the Head Start assistant director and
other managers in an early childhood
program (i.e., child development
manager or family and community
partnership manager). We base the
average hourly wage for these positions
on the U.S. Bureau of Labor Statistics
Job Code 11–9031. We then multiply
$3,538 per applicant by 80 to account
for the 40 incumbent grant recipients
applying for funds as well as 40
nonincumbent applicants for those
service areas. This results in a baseline
estimated cost of $283,040 for these 40
grant recipients to complete competitive
applications if they did in fact have to
compete, as well as 40 additional
applicants. With this final rule, these
baseline costs would not apply and are
therefore cost savings in this analysis.
With this final rule, those 40 grant
recipients that would have been
triggered to compete due to receiving a
CLASS® Instructional Support score
below 2.5 (but not below 2.3) would
instead need to complete an
noncompetitive grant application for a
continuing annual award. We assume it
takes approximately 33 hours of staff
time to complete a noncompetitive
application. Using the same
assumptions as above for hourly wage,
we estimate that it costs approximately
VerDate Sep<11>2014
15:45 Nov 05, 2024
Jkt 265001
$1,946 per grant to complete a
noncompetitive application. We
multiply this by 40 grants, which results
in a total cost of approximately $77,840
for these grant recipients to complete a
noncompetitive continuation
application. Taking this cost into
account, the total cost savings
associated with this final rule is
approximately $205,200. This includes
cost savings to those entities that are not
existing Head Start recipients as there
would be no funding opportunity to
which they would submit a competitive
application.
A qualitative opportunity cost for this
new rule is fewer opportunities for
entities that are not existing Head Start
grant recipients to be able to compete
and potentially grow as an early
childhood provider in their community,
for the 40 communities where grants
were not designated for competition due
to potentially low CLASS® Instructional
Support scores. There is also a potential
qualitative cost of children continuing
to be served by grant recipients who
may be providing lower-quality
classroom learning environments that
would have led to competition.
However, for all the reasons
summarized in the preamble of this
final rule, ACF believes there is an
added benefit of existing grant
recipients not experiencing undue stress
and potential increased financial burden
associated with the competitive
threshold increasing from 2.3 to 2.5 in
August 2025. Additionally, these grant
recipients will be able to continue to
access and receive support through
OHS’s extensive TTA system, to
facilitate continued quality
improvement in classroom quality care
and service provision for children and
families. This RIA analyzes a 2-year
time horizon covering FY 2026 and FY
2027.
Overall, ACF does not believe there
will be a significant economic impact
PO 00000
Frm 00051
Fmt 4700
Sfmt 4700
from this regulatory action since this
final rule only delays the
implementation date by two years for
the CLASS® Instructional Support
competitive threshold.
Jeff Hild, Principal Deputy Assistant
Secretary of the Administration for
Children and Families, performing the
delegable duties of the Assistant
Secretary, approved this document on
October 8, 2024.
List of Subjects in 45 CFR Part 1304
Early learning and development,
Education, Education of disadvantaged,
Grant programs-social programs.
Dated: October 28, 2024.
Xavier Becerra,
Secretary, Department of Health and Human
Services.
For the reasons set forth in the
preamble, the ACF amends 45 CFR part
1304 as follows:
PART 1304—FEDERAL
ADMINISTRATIVE PROCEDURES
1. The authority citation for part 1304
continues to read as follows:
■
Authority: 42 U.S.C. 9801 et seq.
Subpart B—Designation Renewal
2. Amend § 1304.11 by revising
paragraph (c)(1)(iii) to read as follows:
■
§ 1304.11 Basis for determining whether a
Head Start agency will be subject to an
open competition.
*
*
*
*
*
(c) * * *
(1) * * *
(iii) For the Instructional Support
domain, the competitive threshold is 2.3
through July 31, 2027, and 2.5 on and
after August 1, 2027.
*
*
*
*
*
[FR Doc. 2024–25440 Filed 11–5–24; 8:45 am]
BILLING CODE 4184–40–P
E:\FR\FM\06NOR1.SGM
06NOR1
Agencies
[Federal Register Volume 89, Number 215 (Wednesday, November 6, 2024)]
[Rules and Regulations]
[Pages 87977-87981]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-25440]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
45 CFR Part 1304
RIN 0970-AD09
Head Start Program CLASS Implementation Date Delay
AGENCY: Office of Head Start (OHS), Administration for Children and
Families (ACF), Department of Health and Human Services (HHS).
ACTION: Final rule; delay of implementation date.
-----------------------------------------------------------------------
SUMMARY: This final rule describes how the Office of Head Start
officially delays the date for programs to meet the new competitive
threshold for the Instructional Support domain of the Classroom
Assessment Scoring System (CLASS[supreg]) used to determine whether a
Head Start agency will be subject to an open competition under the
Designation Renewal System (DRS). The implementation date in the Head
Start Program Performance Standards that raises the CLASS[supreg]
Instructional Support competitive threshold from 2.3 to 2.5 was August
1, 2025. This final rule officially delays this implementation date to
August 1, 2027.
DATES:
Effective date: This final rule is effective on November 6, 2024.
Implementation date: The implementation date for the increased
CLASS[supreg] Instructional Support competitive threshold of 2.5 as
described in 45 CFR 1304.11(c)(1)(iii) is delayed until August 1, 2027.
FOR FURTHER INFORMATION CONTACT: Jessica Bialecki, Office of Head
Start, 202-240-3901 or [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Table of Abbreviations
II. Executive Summary
III. Background and Purpose
A. Background and History
B. Authority
C. Basis and Purpose of Regulatory Action
IV. Discussion of Elements of the Final Rule
V. Waiver of Notice and Comment Process
VI. Regulatory Process Matters
VII. Regulatory Impact Analysis
I. Table of Abbreviations
ACF--Administration for Children and Families
CLASS[supreg]--Classroom Assessment Scoring System
DRS--Designation Renewal System
HHS--U.S. Department of Health and Human Services
HSPPS--Head Start Program Performance Standards
OHS--Office of Head Start
II. Executive Summary
This final rule describes how the Office of Head Start (OHS)
officially delays the date for programs to meet the new competitive
threshold for the Instructional Support domain of the Classroom
Assessment Scoring System (CLASS[supreg]) used to determine whether a
Head Start agency will be subject to an open competition under the
Designation Renewal System (DRS). The implementation date in the Head
Start Program Performance Standards (HSPPS) that raises the
CLASS[supreg] Instructional Support competitive threshold from 2.3 to
2.5 was August 1, 2025. This final rule officially delays
[[Page 87978]]
this implementation date to August 1, 2027. The 2.3 competitive
threshold that was established through regulation in 2020 has not yet
been fully implemented due to a pause in CLASS[supreg] observations
during the COVID-19 pandemic. Therefore, the fiscal year 2024 (FY24)
OHS monitoring cycle (2023-2024 program year) was the first time the
2.3 competitive threshold is fully implemented. The graduated approach
established by the 2020 rule was put in place to allow sufficient time
for grant recipients to make necessary quality improvements. However,
the unexpected pause in CLASS[supreg] observations due to the pandemic
shortened the 5-year implementation time frame to less than 2 years.
This decision to delay the Instructional Support competitive threshold
increase is also based on OHS' anticipated timeline for adopting an
updated CLASS[supreg] tool--CLASS[supreg] 2nd Edition--and the
associated training, technical assistance, and certification procedures
required for both OHS and Head Start programs to implement this revised
tool.
III. Background and Purpose
A. Background and History
OHS provides grant awards to local public and private non-profit
and for-profit agencies to provide comprehensive education and child
development services to economically disadvantaged children, birth to
age five, and their families, to help young children develop the skills
they need to be successful in school. The HSPPS define requirements
grant recipients must meet to operate high quality Head Start programs.
The HSPPS also provide a structure for OHS to monitor and enforce
quality standards. One of these requirements is that programs meet or
exceed a threshold score on each of three domains measured by the
CLASS[supreg]. The CLASS[supreg] is an observation instrument that
assesses the quality of teacher-child interactions in center-based
preschool classrooms. The three domains of the CLASS[supreg] include:
Emotional Support, Classroom Organization, and Instructional Support. A
grant recipient is subject to an open competition if their average
score across all classrooms observed is below the competitive threshold
on any of these three domains. In 2020, OHS published a final rule
establishing an increased competitive threshold of 2.3 for the
Instructional Support domain through July 31, 2025. However, this
threshold is being fully implemented for the first time during the FY24
monitoring cycle, due to delays caused by the COVID-19 pandemic. As
described in 45 CFR 1304.11(c)(1)(iii), the competitive threshold for
this domain would have further increased to 2.5 on August 1, 2025. This
timeline was initially developed prior to the COVID-19 pandemic, to
allow programs more time to ramp up the Instructional Support threshold
for accountability. This notification officially extends the
implementation deadline for the increased Instructional Support
competitive threshold of 2.5 to August 1, 2027. Accordingly, the lower
competitive threshold of 2.3 will be in place for CLASS[supreg]
observations collected as part of monitoring reviews that occur through
July 31, 2027.
The HSPPS requires that programs are observed using the
CLASS[supreg] as part of the Head Start DRS (outlined in Sec.
1304.11), and programs are required to meet specific thresholds for
non-competitive grant renewal. While individual classrooms are observed
and scored, OHS averages scores across all classrooms observed for a
given program and calculates a program-level average score, which is
used for competition determination. Through at least the fiscal year
2025 (FY25) monitoring cycle, OHS is using the 2008 version of the
CLASS[supreg], which consists of three domains: Emotional Support,
Classroom Organization, and Instructional Support. The current
thresholds for competition are 5, 5, and 2.3, respectively. Since OHS
did not conduct CLASS[supreg] reviews for two years due to the COVID-19
pandemic, the 2020 final rule that established the new Instructional
Support threshold of 2.3 was implemented for the first time in FY24.
This final rule provides an extended timeframe for increasing the
Instructional Support competitive threshold and gives OHS sufficient
time to fully implement the 2.3 threshold before it increases to 2.5.
Further, in 2022, Teachstone, the company that owns the
CLASS[supreg] tool, published CLASS[supreg] 2nd Edition. The second
edition of the CLASS[supreg] tool is described as a more inclusive and
equitable approach to observing adult-child interactions in the
classroom. As a result, several, but not all, Head Start programs are
opting to re-train program staff members on CLASS[supreg] 2nd Edition
for their own professional development and classroom quality tracking
purposes. This process requires additional time, as well as training
and technical assistance support materials, to take the new
certification test. However, for OHS to shift its entire oversight and
technical assistance systems to CLASS[supreg] 2nd Edition, there needs
to be a substantial scale-up of the training and certification
processes that Teachstone and the Head Start technical assistance
network provide. A number of these training supports have not yet been
available at the capacity needed for a universal shift by OHS and the
Head Start community to the updated measure. OHS understands the
urgency with which its oversight system must adapt to CLASS[supreg] 2nd
Edition. However, due to lack of adequate supports in place to train
the entire Head Start system of observers and trainers, it will not be
possible for OHS to transition to CLASS[supreg] 2nd Edition prior to
the date originally set by the 2020 final rule for the increase in the
Instructional Support competitive threshold (August 1, 2025).
B. Authority
We publish this final rule under the authority granted to the
Secretary of Health and Human Services by section 641 (42 U.S.C. 9836)
as amended by the Improving Head Start for School Readiness Act of 2007
(Pub. L. 110-134). Under this section, the Secretary is required to
develop a system for designation renewal Specifically, the Act requires
the Secretary to ``. . . modify, as necessary, program performance
standards by regulation applicable to Head Start agencies and programs
. . .'' \1\ This rule meets the statutory requirements Congress put
forth in its 2007 bipartisan reauthorization of the Head Start and
addresses Congress's mandate that called for the Secretary to review
and revise the performance standards. The Secretary has determined that
the modifications to performance standards contained in this regulation
are appropriate and needed to effectuate the goals of the performance
standards and the purposes of the Act.
---------------------------------------------------------------------------
\1\ See section 641A(a)(1) and (2) of the Act.
---------------------------------------------------------------------------
C. Basis and Purpose of Regulatory Action
In this final rule, OHS extends the timeline for the increased
competitive threshold of 2.5 to August 1, 2027, to give programs more
time to adjust to the Instructional Support competitive threshold of
2.3 that is being implemented for the first time in FY24, provide
additional time to acclimate to the CLASS[supreg] 2nd Edition measure,
and to strengthen ongoing technical assistance for program staff on the
updated CLASS[supreg] measure.
This extended timeframe gives OHS additional time to consider the
implications of adopting CLASS[supreg] 2nd Edition universally and
determine the most appropriate plan for this change, and to ensure that
grant recipients have sufficient notice to adjust to and adopt
[[Page 87979]]
this revised tool. Grant recipients will be provided ample notice from
OHS before it begins using CLASS[supreg] 2nd Edition for monitoring
purposes. Switching Head Start monitoring and technical assistance to
use CLASS[supreg] 2nd Edition should not be implemented in the same
year as the change in the competitive threshold for Instructional
Support. This will place undue burden on programs and the Head Start
monitoring and technical assistance system.
Extending the implementation date for the increased competitive
threshold for the Instructional Support domain also allows OHS to
prepare relevant program staff and members of the Head Start Training
and Technical Assistance (TTA) network to be responsive to program
needs for TTA as they make the transition to CLASS[supreg] 2nd Edition.
Re-training the entire Head Start TTA network on CLASS 2nd Edition
requires a multiple-day, in-person or online training and a
certification test where staff must score within a specific range to
pass. OHS anticipates needing the time that this extension allows to
ensure its network of observers and trainers are certified on
CLASS[supreg] 2nd Edition.
ACF recognizes that some Head Start programs are already starting
to re-train their staff and several members of the TTA network have
done so as well. At the same time, programs are learning and
understanding what the new CLASS[supreg] 2nd Edition scores mean and
how to interpret them, and the TTA network is learning how to provide
follow-up TTA to support programs once they receive their new scores.
The longer implementation window for the increased Instructional
Support threshold allows programs and OHS to adjust programming,
policies, and procedures to be responsive to this changing landscape.
IV. Discussion of Elements of the Final Rule
Section 1304.11 Basis for Determining Whether a Head Start Agency Will
Be Subject to an Open Competition
ACF is changing the implementation date for the instructional
support competitive threshold domain increase to 2.5 from August 1,
2025, to August 1, 2027.
V. Waiver of Notice and Comment Process
When engaging in rulemaking, HHS will ordinarily publish a notice
of proposed rulemaking in the Federal Register to provide a period for
public comment before the provisions of a rule take effect in
accordance with section 553(b) of the Administrative Procedure Act
(APA).\2\ However, we can waive this notice and comment procedure if we
find, for good cause, that the notice and comment process is
impracticable, unnecessary, or contrary to the public interest, and
incorporate a statement of the finding and the reasons therefore in the
notice. HHS finds good cause to waive public comment under section
553(b) of the APA because it is unnecessary and contrary to the public
interest to provide for public comment in this instance. The existing
CLASS[supreg] competitive thresholds for Head Start programs continue
to be in effect for competition determinations. As such, the delayed
implementation date poses no harm or burden to programs or the public.
A period for public comment would have only extended programs' concerns
about meeting the new threshold by the previous implementation date of
August 1, 2025.
---------------------------------------------------------------------------
\2\ 5 U.S.C. 553(b).
---------------------------------------------------------------------------
VI. Regulatory Process Matters
We have examined the impacts of the final rule under Executive
Order 12866, Executive Order 13563, Executive Order 13132, the
Regulatory Flexibility Act (5 U.S.C. 601-612), and the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4). Executive Orders 12866 and
13563 direct us to assess all benefits, costs, and transfers of
available regulatory alternatives and, when regulation is necessary, to
select regulatory approaches that maximize net benefits (including
potential economic, environmental, public health and safety, and other
advantages; distributive impacts; and equity).
Section 3(f) of Executive Order 12866, as amended by Executive
Order 14094, defines a ``significant regulatory action'' as an action
that is likely to result in a rule: (1) Having an annual effect on the
economy of $200 million or more, or adversely affecting in a material
way the economy, a sector of the economy, productivity, competition,
jobs, the environment, public health or safety, or State, local,
territorial, or Tribal governments or communities; (2) creating a
serious inconsistency or otherwise interfering with an action taken or
planned by another agency; (3) materially altering the budgetary
impacts of entitlement grants, user fees, or loan programs or the
rights and obligations of recipients thereof; or (4) raising legal or
policy issues for which centralized review would meaningfully further
the President's priorities or the principles set forth in Executive
Order 12866, as specifically authorized in a timely manner by the
Administrator of the Office of Information and Regulatory Affairs in
each case. The Regulatory Impact Analysis (RIA) for this final rule
does not identify economic impacts that exceed the threshold for
significance under Section 3(f)(1) of Executive Order 12866.
Congressional Review Act
Subtitle E of the Small Business Regulatory Enforcement Fairness
Act of 1996 (also known as the Congressional Review Act or CRA) allows
Congress to review ``major'' rules issued by Federal agencies before
the rules take effect, see 5 U.S.C. 801(a). The CRA defines a major
rule as one that has resulted, or is likely to result, in (1) an annual
effect on the economy of $100 million or more; (2) a major increase in
costs or prices for consumers, individual industries, Federal, State,
or local government agencies, or geographic regions; or (3) significant
adverse effects on competition, employment, investment, productivity,
or innovation, or on the ability of United States-based enterprises to
compete with foreign-based enterprises in domestic and export markets,
see 5 U.S.C. 804(2). This action is not a major rule because it will
not have an annual effect on the economy of $100 million or more.
Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA), see 5 U.S.C. 605(b) as
amended by the Small Business Regulatory Enforcement Fairness Act,
requires federal agencies to determine, to the extent feasible, a
rule's impact on small entities, explore regulatory options for
reducing any significant impact on a substantial number of such
entities, and explain their regulatory approach. The term ``small
entities,'' as defined in the RFA, comprises small businesses, not-for-
profit organizations that are independently owned and operated and are
not dominant in their fields, and governmental jurisdictions with
populations of less than 50,000. Under this definition, some Head Start
grant recipients may be small entities. We consider a rule to have a
significant impact on a substantial number of small entities if it has
at least a three percent impact on revenue on at least five percent of
small entities. However, the Secretary certifies, under 5 U.S.C.
605(b), as enacted by the Regulatory Flexibility Act (Pub. L. 96-354),
that this rule will not have a significant impact on a substantial
number of small entities. This final rule simply delays the date by
which the threshold will increase for the CLASS[supreg] Instructional
Support domain that would trigger competition for a Head Start grant
[[Page 87980]]
recipient. We do not expect increased costs for recipients due to this
delayed implementation date; therefore, we do not expect there to be a
significant impact on a substantial number of small entities.
Unfunded Mandates Reform Act of 1995
The Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4, section
202(a)) requires us to prepare a written statement, which includes
estimates of anticipated impacts, before proposing ``any rule that
includes any Federal mandate that may result in the expenditure by
State, local, and Tribal governments, in the aggregate, or by the
private sector, of $100,000,000 or more (adjusted annually for
inflation) in any one year.'' The current threshold after adjustment
for inflation is $183 million, using the most current (2023) Implicit
Price Deflator for the Gross Domestic Product. This final rule will not
result in expenditures that meet or exceed this amount. Head Start
grant recipients receive over $12 billion annually in Federal funding
to implement the requirements of the program, including changes as a
result of this final rule.
Federalism Assessment Executive Order 13132
Executive Order 13132 requires Federal agencies to consult with
State and local government officials if they develop regulatory
policies with federalism implications. Federalism is rooted in the
belief that issues that are not national in scope or significance are
most appropriately addressed by the level of government close to the
people. This final rule will not have substantial direct impact on the
States, on the relationship between the Federal Government and the
States, or on the distribution of power and responsibilities among the
various levels of government. Therefore, in accordance with section 6
of Executive Order 13132, it is determined that this action does not
have sufficient federalism implications to warrant the preparation of a
federalism summary impact statement.
Treasury and General Government Appropriations Act of 1999
Section 654 of the Treasury and General Government Appropriations
Act of 1999 requires Federal agencies to determine whether a policy or
regulation may negatively affect family well-being. If the agency
determines a policy or regulation negatively affects family well-being,
then the agency must prepare an impact assessment addressing seven
criteria specified in the law. ACF believes it is not necessary to
prepare a family policymaking assessment, see Public Law 105-277,
because the action it takes in this final rule will not have any impact
on the autonomy or integrity of the family as an institution.
Paperwork Reduction Act of 1995
The Paperwork Reduction Act (PRA) of 1995, 44 U.S.C. 3501 et seq.,
minimizes government-imposed burden on the public. In keeping with the
notion that government information is a valuable asset, it also is
intended to improve the practical utility, quality, and clarity of
information collected, maintained, and disclosed.
The PRA requires that agencies obtain Office of Management and
Budget (OMB) approval, which includes issuing an OMB number and
expiration date, before requesting most types of information from the
public. Regulations at 5 CFR part 1320 implemented the provisions of
the PRA and Sec. 1320.3 of this part defines a ``collection of
information,'' ``information,'' and ``burden.'' PRA defines
``information'' as any statement or estimate of fact or opinion,
regardless of form or format, whether numerical, graphic, or narrative
form, and whether oral or maintained on paper, electronic, or other
media (5 CFR 1320.3(h)). This includes requests for information to be
sent to the government, such as forms, written reports and surveys,
recordkeeping requirements, and third-party or public disclosures (5
CFR 1320.3(c)). ``Burden'' means the total time, effort, or financial
resources expended by persons to collect, maintain, or disclose
information. This action does not include any new information
collection requirements or changes to existing information collection
requirements.
VII. Regulatory Impact Analysis
Need for Regulatory Action
As summarized previously, the 2.3 competitive threshold for the
CLASS[supreg] Instructional Support domain that was established through
regulation in 2020 has not yet been fully implemented due to a pause in
CLASS[supreg] observations through OHS monitoring during the COVID-19
pandemic. Therefore, the FY24 OHS monitoring cycle (2023-2024 program
year) was the first year in which the 2.3 competitive threshold was
fully implemented with grant recipients. The graduated approach
established by the 2020 final rule was put in place to allow sufficient
time for grant recipients to make necessary quality improvement in the
Instructional Support domain (a domain in which early childhood
programs nationally tend to score lower, relative to other domains of
the CLASS[supreg]). Increasing the competitive threshold to 2.5 in
August 2025 does not allow sufficient time for the phase in approach
envisioned in the 2020 final rule.
In addition, OHS currently uses the 2008 version of the
CLASS[supreg]. But in 2022, the developer of the CLASS[supreg] tool
released an updated version called CLASS[supreg] 2nd Edition. This
updated version is marketed as a more equitable and inclusive measure
of teacher-child interactions in classroom settings. As a result, many
Head Start programs are already re-training staff members on
CLASS[supreg] 2nd Edition; this process requires additional technical
assistance and training support materials, multi-day training
workshops, and additional time to take the new certification test, as
well as significant costs. A number of these supports have not yet been
available at the capacity or scale needed for a universal shift by
OHS's monitoring system to the updated version of the tool. In
addition, it will take time to ensure all OHS reviewers are certified
in the new edition, and to revise OHS monitoring processes, materials,
and training to reflect CLASS[supreg] 2nd Edition. Accordingly, OHS has
not yet adopted this new version of the tool for federal monitoring
purposes and is continuing to use the 2008 version of CLASS[supreg]
through at least the FY25 monitoring cycle. However, we do intend to
transition to CLASS[supreg] 2nd Edition in the future, and we want to
provide programs with an adequate adjustment period with the new tool
before making another system-wide change by increasing the competitive
threshold for Instructional Support.
Cost Savings Analysis
There are approximately 1,900 grants in Head Start. Absent this
final rule, the competitive threshold for the CLASS[supreg]
Instructional Support threshold will increase from a 2.3 to a 2.5 on
August 1, 2025. During the 2025-2026 program year, we estimate that
approximately 280 grants will receive a CLASS[supreg] review from OHS.
During the 2026-2027 program year, we estimate that approximately 400
grants will a receive a CLASS[supreg] review from OHS. Based on OHS
monitoring data from CLASS[supreg] reviews conducted during the 2023-
2024 program year, we estimate that approximately seven percent of
grants reviewed in a given year would receive a score below 2.3 on
CLASS[supreg] Instructional Support and approximately 13 percent would
receive a score below 2.5. If we apply these percentages to the
expected number of
[[Page 87981]]
CLASS[supreg] reviews to be conducted in the 2025-2026 and 2026-2027
program years, we observe the following approximate numbers of grants
that would be triggered to compete under DRS due to their CLASS[supreg]
Instructional Support score, either in the presence or absence of this
final rule.
----------------------------------------------------------------------------------------------------------------
Grants to compete absent Grants to compete with final
Program year final rule (instructional rule (instructional support
support threshold = 2.5) threshold = 2.3)
----------------------------------------------------------------------------------------------------------------
2025-2026 (280 grants).............................. 36 20
2026-2027 (400 grants).............................. 52 28
-----------------------------------------------------------
Total........................................... 88 48
----------------------------------------------------------------------------------------------------------------
In other words, with this final rule, approximately 40 total fewer
grants would be designated to compete due to their CLASS[supreg]
Instructional Support scores received as a part of OHS monitoring
during the 2025-2026 and 2026-2027 program years. The cost for
competition associated with completing a competitive application is
estimated at $3,538 per applicant. This assumption includes 60 hours
per competitive application at a cost of approximately $58.96 per hour
in staff time (we multiply an hourly wage of approximately $29.48 by
two to account for fringe benefits). Applications would likely be
completed by a combination of the Head Start assistant director and
other managers in an early childhood program (i.e., child development
manager or family and community partnership manager). We base the
average hourly wage for these positions on the U.S. Bureau of Labor
Statistics Job Code 11-9031. We then multiply $3,538 per applicant by
80 to account for the 40 incumbent grant recipients applying for funds
as well as 40 nonincumbent applicants for those service areas. This
results in a baseline estimated cost of $283,040 for these 40 grant
recipients to complete competitive applications if they did in fact
have to compete, as well as 40 additional applicants. With this final
rule, these baseline costs would not apply and are therefore cost
savings in this analysis.
With this final rule, those 40 grant recipients that would have
been triggered to compete due to receiving a CLASS[supreg]
Instructional Support score below 2.5 (but not below 2.3) would instead
need to complete an noncompetitive grant application for a continuing
annual award. We assume it takes approximately 33 hours of staff time
to complete a noncompetitive application. Using the same assumptions as
above for hourly wage, we estimate that it costs approximately $1,946
per grant to complete a noncompetitive application. We multiply this by
40 grants, which results in a total cost of approximately $77,840 for
these grant recipients to complete a noncompetitive continuation
application. Taking this cost into account, the total cost savings
associated with this final rule is approximately $205,200. This
includes cost savings to those entities that are not existing Head
Start recipients as there would be no funding opportunity to which they
would submit a competitive application.
A qualitative opportunity cost for this new rule is fewer
opportunities for entities that are not existing Head Start grant
recipients to be able to compete and potentially grow as an early
childhood provider in their community, for the 40 communities where
grants were not designated for competition due to potentially low
CLASS[supreg] Instructional Support scores. There is also a potential
qualitative cost of children continuing to be served by grant
recipients who may be providing lower-quality classroom learning
environments that would have led to competition. However, for all the
reasons summarized in the preamble of this final rule, ACF believes
there is an added benefit of existing grant recipients not experiencing
undue stress and potential increased financial burden associated with
the competitive threshold increasing from 2.3 to 2.5 in August 2025.
Additionally, these grant recipients will be able to continue to access
and receive support through OHS's extensive TTA system, to facilitate
continued quality improvement in classroom quality care and service
provision for children and families. This RIA analyzes a 2-year time
horizon covering FY 2026 and FY 2027.
Overall, ACF does not believe there will be a significant economic
impact from this regulatory action since this final rule only delays
the implementation date by two years for the CLASS[supreg]
Instructional Support competitive threshold.
Jeff Hild, Principal Deputy Assistant Secretary of the
Administration for Children and Families, performing the delegable
duties of the Assistant Secretary, approved this document on October 8,
2024.
List of Subjects in 45 CFR Part 1304
Early learning and development, Education, Education of
disadvantaged, Grant programs-social programs.
Dated: October 28, 2024.
Xavier Becerra,
Secretary, Department of Health and Human Services.
For the reasons set forth in the preamble, the ACF amends 45 CFR
part 1304 as follows:
PART 1304--FEDERAL ADMINISTRATIVE PROCEDURES
0
1. The authority citation for part 1304 continues to read as follows:
Authority: 42 U.S.C. 9801 et seq.
Subpart B--Designation Renewal
0
2. Amend Sec. 1304.11 by revising paragraph (c)(1)(iii) to read as
follows:
Sec. 1304.11 Basis for determining whether a Head Start agency will
be subject to an open competition.
* * * * *
(c) * * *
(1) * * *
(iii) For the Instructional Support domain, the competitive
threshold is 2.3 through July 31, 2027, and 2.5 on and after August 1,
2027.
* * * * *
[FR Doc. 2024-25440 Filed 11-5-24; 8:45 am]
BILLING CODE 4184-40-P