Head Start Accountability Act of 2005 - Amends the Head Start Act to require additional accountability measures for Head Start agencies, including: (1) agency designation period limits; (2) redesignation priorities; (3) local oversight boards; (4) administrative and financial management standards; (5) delegate agency evaluations and corrective actions; (6) shorter deadlines for agency corrective actions; (7) revised notice and hearing procedures for assistance suspensions, terminations, or reductions; and (8) annual audits. Prohibits recipients from using Head Start assistance to appeal any decision of the Secretary of Health and Human Services under the Act.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 778 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 778
To amend the Head Start Act to provide greater accountability for Head
Start agencies.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 10, 2005
Mr. Putnam introduced the following bill; which was referred to the
Committee on Education and the Workforce
_______________________________________________________________________
A BILL
To amend the Head Start Act to provide greater accountability for Head
Start agencies.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Head Start Accountability Act of
2005''.
SEC. 2. FINANCIAL ASSISTANCE FOR HEAD START PROGRAMS.
Section 638 of the Head Start Act (42 U.S.C. 9833) is amended by
inserting ``for a period of 5 years'' after ``provide financial
assistance to such agency''.
SEC. 3. DESIGNATION OF HEAD START AGENCIES.
Subsections (a), (b), and (c) of section 641 of the Head Start Act
(42 U.S.C. 9836) are amended to read as follows:
``(a) Designation.--
``(1) In general.--The Secretary is authorized to designate
as a Head Start agency any local public or private nonprofit or
for-profit agency, within a community, including a community-
based organization, that--
``(A) has power and authority to carry out the
purpose of this subchapter and perform the functions
set forth in section 642 within such community; and
``(B) is determined by the Secretary (in
consultation with the chief executive officer of the
State involved, if the State expends non-Federal funds
to carry out Head Start programs) to be capable of
planning, conducting, administering, and evaluating,
either directly or by other arrangements, a Head Start
program.
``(2) Required goals for designation.--In order to be
eligible for designation as a Head Start agency, an entity
described in paragraph (1) shall establish program goals for
continuous improvement in all areas of program operations
(including early childhood development and health services),
program design and management, and family and community
partnerships.
``(3) Eligibility for subsequent designation.--In order to
be eligible for designation as a Head Start agency subsequent
to the initial designation made by the Secretary after the
effective date of the Head Start Accountability Act of 2005, a
Head Start agency shall demonstrate that such agency has met or
is making progress toward meeting such goals.
``(4) Local oversight board.--In order to be eligible for
designation as a Head Start agency, an entity described in
paragraph (1) shall establish a local oversight board that--
``(A) is composed of volunteer individuals who
include (but are not limited to) a Head Start parent, a
representative of a school board, a child development
expert, a member of the business community, and other
volunteer individuals who are residents of the
community, including individuals who have an
understanding of the general principles of accounting,
law, business administration, and management;
``(B) operates as a unit independent of staff
employed by such agency;
``(C) actively participates in the development,
strategic planning, implementation, and evaluation of
the Head Start program for which it is established;
``(D) provides oversight of such program to ensure
that such Head Start agency is delivering high quality
services to children and families in compliance with
all applicable standards in effect under this
subchapter and with the applicable performance measures
established by the Secretary under section 644;
``(E) takes no action that may provide (and takes
appropriate action to prevent providing) any direct or
indirect financial benefit to any member of such board
or to any member of the staff of such agency;
``(F) reviews and approves annually the operating
budget of such program;
``(G) reviews and approves the bylaws applicable to
such program;
``(H) reviews annually the human resources
(including administrative and management staff)
available to carry out such program and makes
recommendations regarding such resources to ensure the
effective operation of such program; and
``(I) monitors staff implementation of any
corrective action necessary to comply with applicable
laws (including regulations) governing financial
statements and with all requirements applicable under
this subchapter.
``(b) Communities.--For purposes of this subchapter, a community
may be a city, county, or multicity or multicounty unit within a State,
an Indian reservation (including Indians in any off-reservation area
designated by an appropriate tribal government in consultation with the
Secretary), or a neighborhood or other area (irrespective of boundaries
or political subdivisions) that provides a suitable organizational base
and that possesses the commonality of interest needed to operate a Head
Start program.
``(c) Priority in Designation.--In administering the provisions of
this section, the Secretary shall, in consultation with the chief
executive officer of the State involved, give priority in the
designation (including a subsequent designation) of Head Start agencies
to any high-performing Head Start agency or delegate agency that--
``(1) is receiving assistance under this subchapter;
``(2) meets or exceeds program and financial management
requirements, standards described in section 641A(a)(1), and
other requirements established by the Secretary;
``(3) has no unresolved programmatic deficiencies or areas
of noncompliance, and has not had findings of deficiencies
during the then most recent triennial review conducted under
section 641A(c); and
``(4) has taken the actions required by the Secretary under
section 647(c) to correct deficiencies.''.
SEC. 4. QUALITY STANDARDS; MONITORING OF HEAD START AGENCIES AND
PROGRAMS.
(a) Quality Standards.--Section 641A(a) of the Head Start Act (42
U.S.C. 9836a(a)) is amended--
(1) in paragraph (1) by amending subparagraph (C) to read
as follows:
``(C) administrative and financial management
standards, including internal controls necessary to
safeguard Federal funds;'', and
(2) by adding at the end the following:
``(4) Evaluations and corrective actions for delegate
agencies.--
``(A) Procedures.--Each Head Start agency shall
establish procedures relating to its delegate agencies,
including--
``(i) procedures for evaluating delegate
agencies;
``(ii) procedures for terminating financial
assistance otherwise provided to delegate
agencies; and
``(iii) procedures for appealing a
financial assistance termination decision
relating to a delegate agency.
``(B) Evaluations.--Each Head Start agency--
``(i) shall evaluate its delegate agencies
using the procedures established pursuant to
this section; and
``(ii) shall inform such delegate agencies
of the deficiencies identified through the
evaluation that are required to be corrected.
``(C) Remedies to ensure corrective actions.--If a
Head Start agency identifies a deficiency for a
delegate agency through the evaluation, such Head Start
agency may--
``(i) initiate procedures to terminate the
designation of such delegate agency unless such
delegate agency corrects the deficiency;
``(ii) conduct monitoring visits, as needed
and without notice, to such delegate agency
until either such deficiency is corrected or
such Head Start agency terminates the financial
assistance otherwise provided to such delegate
agency; and
``(iii) release funds to such delegate
agency only as reimbursements until either such
deficiency is corrected by such delegate agency
or such Head Start agency terminates financial
assistance otherwise provided such delegate
agency.
``(D) Rule of construction.--Nothing in this
paragraph shall be construed to modify or supersede the
responsibilities of the Secretary with respect to Head
Start agencies or delegate agencies that receive
financial assistance under this subchapter.''.
(b) Corrective Action; Termination.--Section 641A(d) of the Head
Start Act (42 U.S.C. 9836a(d)) is amended--
(1) in paragraph (1)(B)(ii)--
(A) by striking ``90'' and inserting ``60'', and
(B) by striking ``90-day'' and inserting ``60-
day'', and
(2) in paragraph (2)--
(A) in subparagraph (A) by striking ``90-day'' and
inserting ``60-day'', and
(B) by amending subparagraph (B) to read as
follows:
``(B) Secretarial responsibility.--The Secretary
shall--
``(i) not later than 30 days after
receiving from a Head Start agency a proposed
quality improvement plan for corrective action
pursuant to subparagraph (A), either approve
such plan or specify the reasons why such plan
cannot be approved; and
``(ii) not later than 60 days after
approving a quality improvement plan under this
subparagraph, conduct an on-site review to
certify that all deficiencies of such Head
Start agency, and of all Head Start programs
operated by such Head Start agency, have been
corrected in accordance with the standards
established under this subchapter and with the
results-based performance measures developed by
the Secretary under subsection (b).''.
SEC. 5. APPEALS, NOTICE, AND HEARING.
(a) Procedures.--Paragraphs (2) and (3) of section 646(a) of the
Head Start Act (42 U.S.C. 9841(a)) are amended to read as follows:
``(2) except in emergency situations, a recipient of financial
assistance under this subchapter shall receive written notice not less
than 30 days before such assistance is suspended, terminated, or
reduced;
``(3) such recipient shall be provided an opportunity for full and
fair hearing, including an opportunity to show cause why the action
described in such notice should not be taken; and''.
(b) Limitation on Use of Funds.--Section 646 of the Head Start Act
(42 U.S.C. 9841) is amended by adding at the end the following:
``(f) A recipient of financial assistance under this subchapter may
not use such assistance for the purpose of appealing any decision made
by the Secretary under this subchapter.''.
SEC. 6. AUDITS.
Section 647 of the Head Start Act (42 U.S.C. 9842) is amended by
adding at the end the following:
``(c)(1) Not later that 60 days after the end of each fiscal year,
each Head Start agency shall submit to the Secretary an independent
financial audit of the Head Start program carried out with financial
assistance provided under this subchapter. Such audit shall be carried
out by a certified public accountant selected through a competitive
process from among qualified certified accountants by the local
oversight board established in accordance with section 641(a) by such
agency, except that no accountant may perform audits of such program
for a period exceeding 2 consecutive fiscal years.
``(2) Not later than 60 days after receiving such audit, the
Secretary shall provide to such agency, and to the chief executive
officer of the State in which such program is operated, a notice
identifying the actions such agency is required to take to correct all
deficiencies identified in such audit.
``(d) Each recipient of financial assistance under this subchapter
shall--
``(1) maintain, and annually submit to the Secretary, a
complete accounting of its administrative expenses (including a
detailed statement identifying the amount of financial
assistance provided under this subchapter used to pay expenses
for salaries and compensation and the amount (if any) of other
funds used to pay such expenses); and
``(2) provide such additional documentation as the
Secretary may require.''.
SEC. 7. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect on
the 1st day of the 1st fiscal year beginning after the date of the
enactment of this Act.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Education and the Workforce.
Referred to the Subcommittee on Education Reform.
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