Increasing access to Head Start for Native children

(a) Definitions Section 637 of the Head Start Act (42 U.S.C. 9832) is amended by adding at the end the following: (27) (A) The term Indian means a member of an Indian tribe. (B) The term Indian Head Start agency means an Indian tribe that operates, or an entity that is designated by an Indian tribe to operate on its behalf, a Head Start program (including an Early Head Start program). (28) The term Native American language has the meaning given the term in section 103 of the Native American Languages Act (25 U.S.C. 2902). (29) (A) The term Native Hawaiian has the meaning given the term in section 6207 of the Native Hawaiian Education Act (20 U.S.C. 7517). (B) The term Native Hawaiian Head Start means an entity, in the State of Hawaii, that has experience developing or operating programs for Native Hawaiians or programs of instruction in the Native Hawaiian language or culture, that is designated by the Secretary to operate a Head Start program (including an Early Head Start program). (C) The term Native Hawaiian language has the meaning given the term in section 6207 of the Native Hawaiian Education Act (20 U.S.C. 7517).. (b) Allotment of funds Section 640(a) of the Head Start Act (42 U.S.C. 9835(a)) is amended— (1) in paragraph (2)(B)— (A) in clause (v), by striking and at the end; (B) by redesignating clause (vi) as clause (vii); and (C) by inserting after clause (v) the following: (vi) if a base grant has been established through appropriations for the Native Hawaiian Head Start agencies administering Native Hawaiian Head Start programs (including Native Hawaiian Early Head Start programs), to provide an amount for the Native Hawaiian Head Start programs that is equal to the amount provided for base grants for agencies described in this clause under this subchapter for the prior fiscal year, by allotting to each agency described in this clause an amount equal to that agency’s base grant for the prior fiscal year; and; (2) in paragraph (3)— (A) in subparagraph (A)(i)(II), by striking programs), and and inserting programs), not more than $1,000,000 for Native Hawaiian Head Start programs, and; and (B) in subparagraph (B)— (i) by striking clause (i) and inserting the following: (i) For purposes of this subsection, the term special expansion provisions means clause (i)(II), and subclauses (I)(aa) and (II)(bb) of clause (ii), of subparagraph (A).; and (ii) in clause (ii)(I), by striking Indian Head Start programs or migrant or seasonal Head Start programs and inserting Indian Head Start programs, Native Hawaiian Head Start programs, or migrant or seasonal Head Start programs; (3) in paragraph (4)(D)— (A) in clause (ii), by striking 3 percent and inserting 5 percent; (B) by redesignating clauses (iii) and (iv) as clauses (iv) and (v), respectively; and (C) by inserting after clause (ii) the following: (iii) for any fiscal year after the last fiscal year for which Native Hawaiian Head Start programs receive funds under the special expansion provisions, use 0.3 percent for Head Start programs funded under paragraph (2)(B)(vi) (other than Early Head Start programs);; (4) in paragraph (5)(B), by inserting after clause (viii) the following: (ix) Acquiring and maintaining proper facilities for Indian Head Start agencies (including Alaska Native Head Start agencies) and Native Hawaiian Head Start agencies.; and (5) in paragraph (7)(A), by inserting before the period at the end the following:, including the amount established through appropriations as described in clause (v) or (vi) of paragraph (2)(B). (c) Waiver for matching funds Section 640(b) of such Act (42 U.S.C. 9835(b)) is amended by adding at the end the following: If the Secretary approves financial assistance under this subchapter in excess of 80 percent of the approved costs of the assisted program or activities in accordance with this subsection for an Indian Head Start program, that approval shall be for a 5-year period or, if shorter, the remaining duration of the corresponding Head Start agency’s designation period.. (d) Farmworker, Indian, and Native Hawaiian Head Start programs Section 640(l) of the Head Start Act (42 U.S.C. 9835(l)) is amended— (1) in paragraph (3), by striking Indian children and children of migrant and seasonal farmworker families and inserting Indian children, Native Hawaiian children, and children of migrant and seasonal farmworker families; and (2) by adding at the end the following: (5) (A) For the purposes of carrying out paragraph (3), the Secretary shall annually engage with Native Hawaiian Head Start agencies operating Native Hawaiian Head Start (including Early Head Start) programs or operating Head Start (including Early Head Start) programs. (B) The engagements shall be for the purpose of better meeting the needs of Native Hawaiian children and families, in accordance with this subchapter, taking into consideration funding allotments, distribution formulas, and other issues affecting the delivery of Head Start services in their geographic locations. (C) The Secretary shall publish a notification of the engagements in the Federal Register before conducting the engagements. (D) The Secretary shall ensure that a detailed report of each engagement shall be prepared and made available, within 90 days after the engagement, to all Native Hawaiian Head Start agencies receiving funds under this subchapter.. (e) Designation of Head Start agencies Section 641(c)(7) of the Head Start Act (42 U.S.C. 9836(c)(7)) is amended— (1) in subparagraph (A)— (A) in clause (ii), by striking and at the end; (B) in clause (iii), by striking the period at the end and inserting; and; and (C) by inserting after clause (iii) the following: (iv) in the case of a Native Hawaiian Head Start agency, to not be delivering a high-quality and comprehensive Head Start program shall (notwithstanding clause (ii)) be subject to the requirements of subparagraph (C).; and (2) by inserting after subparagraph (B), the following: (C) Native Hawaiian Head Start engagement and reevaluation On making a determination described in subparagraph (A)(iv), the Secretary shall engage in stakeholder engagement with the appropriate Native Hawaiian Head Start agencies for the purpose of establishing a plan to improve the quality of Head Start programs operated by the Native Hawaiian Head Start agency. Such plan shall be established and implemented within 6 months after the Secretary’s determination. Not more than 6 months after the implementation of that plan, the Secretary shall reevaluate the performance of the Native Hawaiian Head Start agency. If the Native Hawaiian Head Start agency is still not delivering a high-quality and comprehensive Head Start program, the Secretary shall conduct an open competition as described in subsection (d).. (f) Standards; monitoring of Head Start agencies and programs Section 641A of the Head Start Act (42 U.S.C. 9836a) is amended— (1) in subsection (a)(2), by striking subparagraph (D) and inserting the following: (D) consult with Indian tribes, including Alaska Natives, and engage with Native Hawaiian Head Start agencies and experts in Indian, Alaska Native, and Native Hawaiian early childhood education and development, linguists, and the National Indian Head Start Directors Association on the review and promulgation of standards under paragraph (1) (including standards for language acquisition and school readiness).; (2) in subsection (b)(1), by inserting, including Indian Head Start agencies and Native Hawaiian Head Start agencies, after Head Start agencies; and (3) in subsection (h)(6)(A)— (A) by redesignating clauses (iii) and (iv) as clauses (iv) and (v), respectively; (B) by inserting after clause (ii) the following: (iii) Native Hawaiian Head Start programs If such funds are derived from a Native Hawaiian Head Start program, then such funds shall be redistributed to increase enrollment by the end of the following fiscal year in 1 or more Native Hawaiian Head Start programs.; (C) in clause (iv), as so redesignated, by adding at the end the following: If such funds are derived from a Native Hawaiian Early Head Start program, then such funds shall be redistributed to increase enrollment by the end of the following fiscal year in 1 or more Native Hawaiian Early Head Start programs.; and (D) in clause (v), as so redesignated, by striking clauses (i) through (iii) each place the term appears and inserting clauses (i) through (iv). (g) Head Start collaboration; State early education and care Section 642B of the Head Start Act (42 U.S.C. 9837b) is amended— (1) in subsection (a)— (A) in paragraph (1), by striking section 640(a)(2)(B)(vi) and inserting section 640(a)(2)(B)(vii); and (B) in paragraph (2)(A), by inserting, to the State administrative office serving Native Hawaiian Head Start programs, after to each State; and (2) in subsection (b)(1)(C)(vi), by striking including migrant and seasonal Head Start programs and Indian Head Start programs and inserting including migrant or seasonal Head Start programs, Indian Head Start programs, and Native Hawaiian Head Start programs, as applicable. (h) Reallocations Section 645 of the Head Start Act (42 U.S.C. 9840) is amended— (1) in subsection (d), by striking (d) and all that following through (3) Notwithstanding and inserting (d)(1) Notwithstanding; and (2) by adding at the end the following: (2) Notwithstanding any other provision of this Act, a Native Hawaiian Head Start agency that operates both an Early Head Start program under section 645A and a Head Start program may, at its discretion, at any time during the grant period involved, reallocate funds between the Early Head Start program and the Head Start program in order to address fluctuations in client populations, including pregnant women and children from birth to compulsory school age. The reallocation of such funds between programs by a Native Hawaiian Head Start agency during a year shall not serve as the basis for the Secretary to reduce a base grant (as defined in section 640(a)(7)) for either program in succeeding years.. (i) Member priority selection (1) In general Section 645 of the Head Start Act is amended by adding at the end the following: (e) (1) An Indian tribe that operates a Head Start program may, at its discretion, establish selection criteria, including criteria to prioritize children in families for which a child, a family member, or a member of the same household, is a member of an Indian tribe, to enroll children who would benefit from the Head Start program. (2) A Native Hawaiian Head Start agency may determine eligibility for Head Start services without regard to family income. Such agency shall establish selection criteria, consistent with community needs identified pursuant to this subchapter, to determine which children shall be enrolled and prioritized for services.. (2) Repeal The Further Consolidated Appropriations Act, 2024, is amended by striking section 238 of division D (42 U.S.C. 9840 note). (j) Native Hawaiian Head Start flexibilities Notwithstanding any provision of the Head Start Act (42 U.S.C. 9831 et seq.), the Secretary of Health and Human Services, after engagement with Native Hawaiian Head Start agencies that operate Native Hawaiian Head Start programs, including Native Hawaiian Early Head Start programs, shall promulgate regulations under such Act that provide flexibilities for Native Hawaiian Head Start programs (including Native Hawaiian Early Head Start programs) that are analogous to the flexibilities provided for Indian Head Start programs (including Indian Early Head Start programs), as appropriate, including with respect to impasse procedures, service areas, eligibility requirements, reallocation of funds across Head Start and Early Head Start programs, selection criteria, facilities, data systems, Native American cultural preservation and language revitalization activities, designation renewal, and replacement of grant recipients.