Attachment E - Office of Head Start New Final Rule.pdf

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Final Rule on Supporting the Head Start
Workforce and Consistent Quality Programming
eclkc.ohs.acf.hhs.gov/policy/pi/acf-ohs-pi-24-05
Final Rule on Supporting the Head Start
Workforce and Consistent Quality Programming
ACF-OHS-PI-24-05
U.S. Department

of Health and Human Services
ACF

Administration for Children and Families
1. Log Number: ACF-OHS-PI-24-05
2. Issuance Date: 08/21/2024
3. Originating Office: Office of Head Start
4. Key Words: Head Start Workforce; Wages; Benefits; Mental Health; Quality Improvement
Program Instruction
To: All Head Start Preschool and Early Head Start Grant Recipients
Subject: Final Rule on Supporting the Head Start Workforce and Consistent Quality Programming
Instruction:
On August 21, 2024, the Administration for Children and Families (ACF) published a final rule in the
Federal Register, Supporting the Head Start Workforce and Consistent Quality Programming. The rule
updates the Head Start Program Performance Standards (the Performance Standards) to increase support
and stability for the Head Start workforce. The changes also improve the quality of services Head Start
programs provide to children and families. 
The Office of Head Start (OHS) first proposed these changes in a notice of proposed rulemaking (NPRM),
published on November 20, 2023. During the NPRM comment period, OHS received approximately 1,300
public comments, including from Head Start programs; national, regional, and state Head Start
associations, labor unions; research organizations; individual Head Start staff and families; and members
of the U.S. Congress. The final rule takes into consideration and is responsive to the public comments.
ATTACHMENT E

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The updated Performance Standards respond to structural concerns affecting the sustainability of Head
Start programs. They provide clear federal requirements for:
Wages and benefits to support the Head Start workforce
Better integration of mental health across all aspects of Head Start programming 
Quality improvement and clarity of requirements in other topic areas
The final rule is effective immediately. Programs are expected to comply with some of the updated
requirements 60 days after the rule is published (October 21, 2024). Programs are granted more time to
comply with several requirements, including new wage and benefit requirements, as noted in the Effective
and Compliance Dates section of the rule.
Workforce
This rule supports Head Start programs in maintaining a diverse and well-qualified workforce by ensuring
staff are more fairly compensated, which in turn promotes more stable, higher-quality services for enrolled
children and families. Previously, the Performance Standards did not include any specific requirements for
staff wages or benefits, which has generally led to low compensation for staff and high staff turnover rates
for programs.
Staff Wages
The updated Performance Standards require programs to provide competitive wages for staff by August 1,
2031. Specifically, the rule will require programs to establish or update a pay scale for all positions. It will
also require programs to pay Head Start educators annual salaries that are comparable to public school
preschool teachers or 90% of public kindergarten teachers, accounting for responsibilities, qualifications,
experience, and work schedule. The updated Performance Standards will also require programs to pay all
staff a wage sufficient to cover basic costs of living and to ensure wages are comparable across Head Start
Preschool and Early Head Start programs.
The final rule includes a small agency exemption for Head Start agencies with fewer than 200 funded slots.
These small agencies must develop a pay scale for all employees and make measurable improvements in
wages for staff over time. However, small agencies are not required to pay wages that are comparable to
public school preschool teachers (or 90% of public kindergarten teachers), nor are they required to comply
with the pay floor policy described above.
The final rule includes flexibility for the Secretary of the Department of Health and Human Services to
establish in 2028 a waiver process for most of the rule’s wage requirements, if needed, due to low
appropriations over the prior four years. The waiver would be for programs that are already meeting
quality benchmarks and would otherwise have to reduce enrolled Head Start slots to implement these
requirements.
Staff Benefits
By August 1, 2028, the updated Performance Standards will require programs to provide or facilitate
access to high-quality affordable health care coverage; offer paid leave; and offer access to short-term, free
or minimal-cost behavioral health services for fulltime staff. For part-time staff, programs will be required
to facilitate access to high-quality, affordable health care coverage. Programs will also be required to
facilitate access to affordable child care and to the Public Service Loan Forgiveness program or other
applicable student loan debt relief programs for any eligible staff members.

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The final rule also includes flexibility for small agencies with 200 or fewer funded slots. As with wages,
these small agencies must still make measurable improvements in benefits for Head Start staff over time.
Staff Wellness
The updated Performance Standards require programs to cultivate a culture of wellness that empowers staff
as professionals and supports them to effectively accomplish daily job responsibilities in a high-quality
manner. As part of this larger effort to promote the wellness of Head Start staff, by August 1, 2027,
programs must provide each staff member with regular breaks during their work shifts that are of adequate
length based on hours worked.
Mental Health
In the updated Performance Standards, mental health is integrated more intentionally and consistently
across program systems to better support children, families, and staff. Programs are required to take a
multidisciplinary approach to foster a program-wide culture of wellness. The Performance Standards also
clarify the role and responsibilities of mental health consultants, and allow for behavioral health support
specialists to be used in coordination with a mental health consultant. These changes address workforce
shortages while maintaining a focus on high-quality, integrated mental health supports.
Other Quality Improvements
The updated Performance Standards enhance and clarify requirements in other topic areas to promote
consistent high-quality services and support child well-being. These changes include:
More reasonable caseloads for family service workers
Promoting child safety in Head Start programs
Preventing and addressing lead exposure in the water and paint of Head Start facilities
Updates to the community assessment process
Enhanced services for expectant families 
Requirements for programs to identify barriers to program enrollment and attendance, such as lack
of transportation
Finally, the changes include some clarifications to promote better transparency and clarity of understanding
for recipients.
Members of the Head Start community are urged to take the time to read the final rule in its entirety,
including the section-by-section discussion of public comments. OHS will continue to provide direction,
guidance, and resources that support our shared mission to prepare Head Start children and families for
school and beyond.
Thank you for the work you do on behalf of children and families.
Sincerely,
/ Khari M. Garvin /
Khari M. Garvin

Director

Office of Head Start
See PDF Version of Program Instruction:

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Final Rule on Supporting the Head Start Workforce and Consistent Quality Programming 
(41.24 KB)
Historical Document