---
kind: "section"
citation: "42 U.S.C. § 9840"
title: "42"
title_heading: "The Public Health and Welfare"
number: "9840"
heading: "Participation in Head Start programs"
release: "119-102"
url: "https://uscodex.org/usc/42/9840"
units:
  - "Chapter 105 — Community Services Programs"
  - "Subchapter II — Head Start Programs"
---

# §9840. Participation in Head Start programs

- (a) **Criteria for eligibility—**
- (a)
  - (1)
    - (A) [^1] The [Secretary](/usc/42/9832.md?p=24) shall by regulation prescribe eligibility for the participation of [persons](/usc/42/1320a–7k.md?p=d-4-C-i) in Head Start [programs](/usc/42/274l–1.md?p=4) assisted under this subchapter.
    - (B) Except as provided in [paragraph (2)](#a-2), such regulation shall provide—
      - (i) that [children](/usc/42/256e.md?p=g-2) from [low-income families](/usc/42/300a–4.md?p=c) shall be eligible for participation in [programs](/usc/42/274l–1.md?p=4) assisted under this subchapter if their [families](/usc/42/12704.md?p=11)’ [incomes](/usc/42/292s.md?p=c-4) are below the [poverty line](/usc/42/9832.md?p=19), or if their [families](/usc/42/12704.md?p=11) are eligible or, in the absence of [child](/usc/42/416.md?p=e) care, would potentially be eligible for public assistance;
      - (ii) that [homeless children](/usc/42/9832.md?p=11) shall be deemed to be eligible for such participation;
      - (iii) that [programs](/usc/42/274l–1.md?p=4) assisted under this subchapter may include—
        - (I) to a reasonable extent (but not to exceed 10 percent of participants), participation of [children](/usc/42/256e.md?p=g-2) in the area served who would benefit from such [programs](/usc/42/274l–1.md?p=4) but who are not eligible under clause [(i)](#a-1-B-i) or [(ii)](#a-1-B-ii); and
        - (II) from the area served, an additional 35 percent of participants who are not eligible under clause [(i)](#a-1-B-i) or [(ii)](#a-1-B-ii) and whose [families](/usc/42/12704.md?p=11) have [incomes](/usc/42/292s.md?p=c-4) below 130 percent of the [poverty line](/usc/42/9832.md?p=19), if—
          - (aa) the Head Start agency involved establishes and implements outreach and enrollment policies and procedures that ensure such agency is meeting the needs of [children](/usc/42/256e.md?p=g-2) eligible under clause [(i)](#a-1-B-i) or [(ii)](#a-1-B-ii) (or [subclause (I)](#a-1-B-iii-I) if the [child](/usc/42/416.md?p=e) involved has a disability) prior to meeting the needs of [children](/usc/42/256e.md?p=g-2) eligible under this subclause; and
          - (bb) in prioritizing the selection of [children](/usc/42/256e.md?p=g-2) to be served, the Head Start agency establishes criteria that provide that the agency will serve [children](/usc/42/256e.md?p=g-2) eligible under clause [(i)](#a-1-B-i) or [(ii)](#a-1-B-ii) prior to serving the [children](/usc/42/256e.md?p=g-2) eligible under this subclause;
      - (iv) that any Head Start agency serving [children](/usc/42/256e.md?p=g-2) eligible under [clause (iii)(II)](#a-1-B-iii-II) shall report annually to the [Secretary](/usc/42/9832.md?p=24) information on—
        - (I) how such agency is meeting the needs of [children](/usc/42/256e.md?p=g-2) eligible under clause [(i)](#a-1-B-i) or [(ii)](#a-1-B-ii), in the area served, including local demographic data on [families](/usc/42/12704.md?p=11) of [children](/usc/42/256e.md?p=g-2) eligible under clause [(i)](#a-1-B-i) or [(ii)](#a-1-B-ii);
        - (II) the outreach and enrollment policies and procedures established by the agency that ensure the agency is meeting the needs of [children](/usc/42/256e.md?p=g-2) eligible under clause [(i)](#a-1-B-i) or [(ii)](#a-1-B-ii) (or [clause (iii)(I)](#a-1-B-iii-I) if the [child](/usc/42/416.md?p=e) involved has a disability) prior to meeting the needs of [children](/usc/42/256e.md?p=g-2) eligible under [clause (iii)(II)](#a-1-B-iii-II);
        - (III) the efforts, including outreach efforts (that are appropriate to the community involved), of such agency to be fully enrolled with [children](/usc/42/256e.md?p=g-2) eligible under clause [(i)](#a-1-B-i) or [(ii)](#a-1-B-ii);
        - (IV) the policies, procedures, and selection criteria such agency is implementing to serve eligible [children](/usc/42/256e.md?p=g-2), consistent with [clause (iii)(II)](#a-1-B-iii-II);
        - (V) the agency’s enrollment level, and enrollment level over the fiscal year prior to the fiscal year in which the report is submitted;
        - (VI) the number of [children](/usc/42/256e.md?p=g-2) served by the agency, disaggregated by whether such [children](/usc/42/256e.md?p=g-2) are eligible under [clause (i)](#a-1-B-i), [clause (ii)](#a-1-B-ii), [clause (iii)(I)](#a-1-B-iii-I), or [clause (iii)(II)](#a-1-B-iii-II); and
        - (VII) the eligibility criteria [category](/usc/42/1395w–4.md?p=j-1) of the [children](/usc/42/256e.md?p=g-2) on the agency’s waiting list;
      - (v) that a [child](/usc/42/416.md?p=e) who has been determined to meet the eligibility criteria described in this subparagraph and who is participating in a Head Start [program](/usc/42/274l–1.md?p=4) in a [program](/usc/42/274l–1.md?p=4) year shall be considered to continue to meet the eligibility criteria through the end of the succeeding [program](/usc/42/274l–1.md?p=4) year.
    - (C) In determining, for purposes of this paragraph, whether a [child](/usc/42/416.md?p=e) who has applied for enrollment in a Head Start [program](/usc/42/274l–1.md?p=4) meets the eligibility criteria, an entity may consider evidence of [family](/usc/42/290ff–4.md?p=d-2) [income](/usc/42/292s.md?p=c-4) during the 12 months preceding the month in which the application is submitted, or during the calendar year preceding the calendar year in which the application is submitted, whichever more accurately reflects the needs of the [family](/usc/42/290ff–4.md?p=d-2) at the time of application.
  - (2) Whenever a Head Start [program](/usc/42/274l–1.md?p=4) is operated in a community with a population of 1,000 or less individuals and—
    - (A) there is no other preschool [program](/usc/42/274l–1.md?p=4) in the community;
    - (B) the community is located in a [medically underserved area](/usc/42/254c–14.md?p=a-4), as designated by the [Secretary](/usc/42/9832.md?p=24) pursuant to [section 254c(b)(3)](/usc/42/254c.md?p=b-3)[^2] of this title and is located in a [health professional shortage area](/usc/42/254c.md?p=b-3), as designated by the [Secretary](/usc/42/9832.md?p=24) pursuant to [section 254e(a)(1) of this title](/usc/42/254e.md?p=a-1);
    - (C) the community is in a location which, by reason of remoteness, does not permit reasonable access to the types of services described in clauses [(A)](#a-2-A) and [(B)](#a-2-B); and
    - (D) not less than 50 percent of the [families](/usc/42/12704.md?p=11) to be served in the community are eligible under the eligibility criteria established by the [Secretary](/usc/42/9832.md?p=24) under [paragraph (1)](#a-1);

    the Head Start [program](/usc/42/274l–1.md?p=4) in each such locality shall establish the criteria for eligibility, except that no [child](/usc/42/416.md?p=e) residing in such community whose [family](/usc/42/290ff–4.md?p=d-2) is eligible under such eligibility criteria shall, by virtue of such [project](/usc/42/11360.md?p=20)’s eligibility criteria, be denied an opportunity to participate in such [program](/usc/42/274l–1.md?p=4). During the period beginning on October 30, 1984, and ending on October 1, 1994, and unless specifically authorized in any statute of the [United States](/usc/42/403.md?p=k) enacted after October 30, 1984, the [Secretary](/usc/42/9832.md?p=24) may not make any change in the method, as in effect on April 25, 1984, of calculating [income](/usc/42/292s.md?p=c-4) used to prescribe eligibility for the participation of [persons](/usc/42/1320a–7k.md?p=d-4-C-i) in the Head Start [programs](/usc/42/274l–1.md?p=4) assisted under this subchapter if such change would result in any reduction in, or exclusion from, participation of [persons](/usc/42/1320a–7k.md?p=d-4-C-i) in any of such [programs](/usc/42/274l–1.md?p=4).

  - (3)
    - (A) In this paragraph:
      - (i) The term “dependent” has the meaning given the term in paragraphs (2)(A) and (4)(A)(i) of [section 401(a) of title 37](/usc/37/401.md?p=a).
      - (ii) The terms “member” and “uniformed services” have the meanings given the terms in paragraphs (23) and [(3)](#a-3), respectively, of [section 101 of title 37](/usc/37/101.md).
    - (B) The following amounts of pay and allowance of a [member](#a-3-A-ii) of the [uniformed services](#a-3-A-ii) shall not be considered to be [income](/usc/42/292s.md?p=c-4) for purposes of determining the eligibility of a [dependent](#a-3-A-i) of such [member](#a-3-A-ii) for [programs](/usc/42/274l–1.md?p=4) funded under this subchapter:
      - (i) The amount of any special pay payable under section [310](/usc/37/310.md) or [351](/usc/37/351.md) of title 37, relating to duty subject to hostile fire or imminent danger.
      - (ii) The amount of basic allowance payable under [section 403](/usc/42/403.md) of such title, including any such amount that is provided on behalf of the [member](#a-3-A-ii) for [housing](/usc/42/1490p–2.md?p=r-3) that is acquired or constructed under the alternative authority for the acquisition and improvement of military [housing](/usc/42/1490p–2.md?p=r-3) under subchapter IV of [chapter 169](/usc/10/chstA-ptIV-ch169.md) of title 10 or any other related provision of law.
  - (4) After demonstrating a need through a communitywide strategic planning and needs assessment, a Head Start agency may apply to the [Secretary](/usc/42/9832.md?p=24) to convert part-day sessions, particularly consecutive part-day sessions, into full-working-day sessions.
  - (5)
    - (A) Upon written request and pursuant to the requirements of this paragraph, a Head Start agency may use [funds](/usc/42/12854.md?p=3) that were awarded under this subchapter to serve [children](/usc/42/256e.md?p=g-2) age 3 to compulsory [school](/usc/42/6372.md?p=1) age, in order to serve infants and toddlers if the agency submits an application to the [Secretary](/usc/42/9832.md?p=24) containing, as specified in rules issued by the [Secretary](/usc/42/9832.md?p=24), all of the following information:
      - (i) The amount of such [funds](/usc/42/12854.md?p=3) that are proposed to be used in accordance with [section 9840a(b) of this title](/usc/42/9840a.md?p=b).
      - (ii) A communitywide strategic planning and needs assessment demonstrating how the use of such [funds](/usc/42/12854.md?p=3) would best meet the needs of the community.
      - (iii) A description of how the needs of pregnant women, and of infants and toddlers, will be addressed in accordance with [section 9840a(b) of this title](/usc/42/9840a.md?p=b), and with regulations prescribed by the [Secretary](/usc/42/9832.md?p=24) pursuant to [section 9836a of this title](/usc/42/9836a.md) in areas including the agency’s approach to [child](/usc/42/416.md?p=e) development and provision of [health](/usc/42/9852c.md?p=c) services, approach to [family](/usc/42/290ff–4.md?p=d-2) and community partnerships, and approach to [program](/usc/42/274l–1.md?p=4) design and management.
      - (iv) A description of how the needs of eligible [children](/usc/42/256e.md?p=g-2) will be met in the community.
      - (v) Assurances that the agency will participate in technical assistance activities (including planning, start-up site visits, and national [training](/usc/42/285e–2.md?p=b-2) activities) in the same manner as [recipients](/usc/42/2996a.md?p=6) of grants under [section 9840a of this title](/usc/42/9840a.md).
      - (vi) Evidence that the agency meets the same eligibility criteria as [recipients](/usc/42/2996a.md?p=6) of grants under [section 9840a of this title](/usc/42/9840a.md).
    - (B) An application that satisfies the requirements specified in [subparagraph (A)](#a-5-A) shall be approved by the [Secretary](/usc/42/9832.md?p=24) unless the [Secretary](/usc/42/9832.md?p=24) finds that—
      - (i) the agency lacks adequate capacity and capability to carry out an effective Early Head Start [program](/usc/42/274l–1.md?p=4); or
      - (ii) the information provided under [subparagraph (A)](#a-5-A) is inadequate.
    - (C) In approving such applications, the [Secretary](/usc/42/9832.md?p=24) shall take into account the costs of serving [persons](/usc/42/1320a–7k.md?p=d-4-C-i) under [section 9840a of this title](/usc/42/9840a.md).
    - (D) Any Head Start agency with an application approved under [subparagraph (B)](#a-5-B) shall be considered to be an Early Head Start agency and shall be subject to the same rules, regulations, and conditions as apply to [recipients](/usc/42/2996a.md?p=6) of grants under [section 9840a of this title](/usc/42/9840a.md), with respect to activities carried out under this paragraph.
- (b) **Establishment of fee schedule or charging of fees; payment by families willing and able to pay—** The [Secretary](/usc/42/9832.md?p=24) shall not prescribe any fee schedule or otherwise provide for the charging of any fees for participation in Head Start [programs](/usc/42/274l–1.md?p=4), unless such fees are authorized by legislation hereafter enacted. Nothing in this subsection shall be construed to prevent the [families](/usc/42/12704.md?p=11) of [children](/usc/42/256e.md?p=g-2) who participate in Head Start [programs](/usc/42/274l–1.md?p=4) and who are willing and able to pay the full cost of such participation from doing so. A Head Start agency that provides a Head Start [program](/usc/42/274l–1.md?p=4) with full-working-day services in collaboration with other agencies or entities may collect a [family](/usc/42/290ff–4.md?p=d-2) copayment to support extended day services if a copayment is required in conjunction with the collaborative. The copayment charged to [families](/usc/42/12704.md?p=11) receiving services through the Head Start [program](/usc/42/274l–1.md?p=4) shall not exceed the copayment charged to [families](/usc/42/12704.md?p=11) with similar [incomes](/usc/42/292s.md?p=c-4) and circumstances who are receiving the services through participation in a [program](/usc/42/274l–1.md?p=4) carried out by another agency or entity.
- (c) **Availability of more than one year of services; children eligible—** Each Head Start [program](/usc/42/274l–1.md?p=4) operated in a community shall be permitted to provide more than 1 year of Head Start services to eligible [children](/usc/42/256e.md?p=g-2) in the [State](/usc/42/9832.md?p=25). Each Head Start [program](/usc/42/274l–1.md?p=4) operated in a community shall be permitted to recruit and accept applications for enrollment of [children](/usc/42/256e.md?p=g-2) throughout the year.
- (d) **Indian tribes—**
  - (1) An [Indian tribe](/usc/42/9832.md?p=12) that—
    - (A) operates a Head Start [program](/usc/42/274l–1.md?p=4);
    - (B) enrolls as participants in the [program](/usc/42/274l–1.md?p=4) all [children](/usc/42/256e.md?p=g-2) in the community served by the tribe (including a community that is an off-reservation area, designated by an appropriate [tribal government](/usc/42/804.md?p=d-3), in consultation with the [Secretary](/usc/42/9832.md?p=24)) from [families](/usc/42/12704.md?p=11) that meet the low-[income](/usc/42/292s.md?p=c-4) criteria prescribed under [subsection (a)(1)(A)](#a-1-A); and
    - (C) has the resources to enroll additional [children](/usc/42/256e.md?p=g-2) in the community who do not meet the low-[income](/usc/42/292s.md?p=c-4) criteria;

    may enroll such additional [children](/usc/42/256e.md?p=g-2) in a Head Start [program](/usc/42/274l–1.md?p=4), in accordance with this subsection, if the [program](/usc/42/274l–1.md?p=4) predominantly serves [children](/usc/42/256e.md?p=g-2) who meet the low-[income](/usc/42/292s.md?p=c-4) criteria.

  - (2) The [Indian tribe](/usc/42/9832.md?p=12) shall enroll the [children](/usc/42/256e.md?p=g-2) in the Head Start [program](/usc/42/274l–1.md?p=4) in accordance with such requirements as the [Secretary](/usc/42/9832.md?p=24) may specify by regulation promulgated after consultation with [Indian tribes](/usc/42/9832.md?p=12).
  - (3) Notwithstanding any other provision of this Act, an [Indian tribe](/usc/42/9832.md?p=12) or tribes that operates both an Early Head Start [program](/usc/42/274l–1.md?p=4) under [section 9840a of this title](/usc/42/9840a.md) and a Head Start [program](/usc/42/274l–1.md?p=4) may, at its discretion, at any time during the grant period involved, reallocate [funds](/usc/42/12854.md?p=3) between the Early Head Start [program](/usc/42/274l–1.md?p=4) and the Head Start [program](/usc/42/274l–1.md?p=4) in order to address fluctuations in client populations, including pregnant women and [children](/usc/42/256e.md?p=g-2) from birth to compulsory [school](/usc/42/6372.md?p=1) age. The reallocation of such [funds](/usc/42/12854.md?p=3) between [programs](/usc/42/274l–1.md?p=4) by an [Indian tribe](/usc/42/9832.md?p=12) or tribes during a year shall not serve as the basis for the [Secretary](/usc/42/9832.md?p=24) to reduce a [base grant](/usc/42/9835.md?p=a-7-A) (as defined in [section 9835(a)(7) of this title](/usc/42/9835.md?p=a-7)) for either [program](/usc/42/274l–1.md?p=4) in succeeding years.

## Footnotes

[^1]: So in original. The “(a)” probably should not appear.
[^2]: See References in Text note below.

## Source credit

(Pub. L. 97–35, title VI, § 645, Aug. 13, 1981, 95 Stat. 504; Pub. L. 98–558, title I, § 105, Oct. 30, 1984, 98 Stat. 2879; Pub. L. 99–425, title I, § 104, Sept. 30, 1986, 100 Stat. 966; Pub. L. 101–501, title I, §§ 113, 114, Nov. 3, 1990, 104 Stat. 1231; Pub. L. 101–597, title IV, § 401(e), Nov. 16, 1990, 104 Stat. 3035; Pub. L. 103–252, title I, § 111, May 18, 1994, 108 Stat. 637; Pub. L. 105–285, title I, § 112, Oct. 27, 1998, 112 Stat. 2718; Pub. L. 110–134, § 14, Dec. 12, 2007, 121 Stat. 1415; Pub. L. 114–328, div. A, title VI, § 618(j), Dec. 23, 2016, 130 Stat. 2161.)

## Notes

### Editorial Notes

### References in Text

Section 254c of this title, referred to in subsec. (a)(2)(B), was in the original a reference to section 330 of the Public Health Service Act, act July 1, 1944, which was omitted in the general amendment of subpart I (§ 254b et seq.) of part D of subchapter II of chapter 6A of this title by Pub. L. 104–299, § 2, Oct. 11, 1996, 110 Stat. 3626. Sections 2 and 3(a) of Pub. L. 104–299 enacted new sections 330 and 330A of act July 1, 1944, which are classified, respectively, to sections 254b and 254c of this title.

This Act, referred to in subsec. (d)(3), is Pub. L. 97–35, Aug. 13, 1981, 95 Stat. 499, known as the Omnibus Budget Reconciliation Act of 1981. For complete classification of this Act to the Code, see Tables.

### Amendments

2016—Subsec. (a)(3)(B)(i). Pub. L. 114–328 inserted “or 351” after “section 310”.

2007—Subsec. (a). Pub. L. 110–134, § 14(1)(A), added par. (a)(1) and struck out former par. (1) which related to criteria for eligibility for participation in Head Start programs assisted under this subchapter.

Subsec. (a)(3) to (5). Pub. L. 110–134, § 14(1)(B), added pars. (3) to (5).

Subsec. (c). Pub. L. 110–134, § 14(2), struck out “(age 3 to compulsory school attendance)” after “eligible children”.

Subsec. (d)(3). Pub. L. 110–134, § 14(3), added par. (3) and struck out former par. (3) which read as follows: “In providing services through a Head Start program to such children, the Indian tribe may not use funds that the Secretary has determined, in accordance with section 9835(g)(3) of this title, are to be used for expanding Head Start programs under this subchapter.”

1998—Subsec. (a)(1). Pub. L. 105–285, § 112(a), substituted “criteria may provide—” for “criteria may provide”, realigned margins of subpars. (A) and (B), in subpar. (B) substituted “shall prescribe, that—” for “shall prescribe, that”, inserted “(i)” before “programs assisted under this subchapter may”, and substituted “subparagraph (A); and”, cl. (ii), and concluding provisions for “clause (A).”

Subsec. (b). Pub. L. 105–285, § 112(b), inserted at end “A Head Start agency that provides a Head Start program with full-working-day services in collaboration with other agencies or entities may collect a family copayment to support extended day services if a copayment is required in conjunction with the collaborative. The copayment charged to families receiving services through the Head Start program shall not exceed the copayment charged to families with similar incomes and circumstances who are receiving the services through participation in a program carried out by another agency or entity.”

Subsec. (c). Pub. L. 105–285, § 112(c), inserted at end “Each Head Start program operated in a community shall be permitted to recruit and accept applications for enrollment of children throughout the year.”

Subsec. (d)(1)(B). Pub. L. 105–285, § 112(d), substituted “a community that is an off-reservation area, designated by an appropriate tribal government, in consultation with the Secretary” for “a community with a near-reservation designation, as defined by the Bureau of Indian Affairs”.

1994—Subsec. (c). Pub. L. 103–252, § 111(1), substituted “shall be permitted to provide more than 1 year of Head Start services to eligible children (age 3 to compulsory school attendance) in the State.” for “may provide more than one year of Head Start services to children from age 3 to the age of compulsory school attendance in the State in which the Head Start program is located. The Secretary may not issue or enforce any rule (as defined in section 551(4) of title 5) or guideline that forbids any Head Start agency to carry out a Head Start program in accordance with the authority described in the preceding sentence.”

Subsec. (d). Pub. L. 103–252, § 111(2), added subsec. (d).

1990—Subsec. (a)(2). Pub. L. 101–501, § 113, substituted “1994” for “1990” in closing provisions.

Subsec. (a)(2)(B). Pub. L. 101–597 substituted “health professional shortage area” for “health manpower shortage area”.

Subsec. (c). Pub. L. 101–501, § 114, inserted at end “The Secretary may not issue or enforce any rule (as defined in section 551(4) of title 5) or guideline that forbids any Head Start agency to carry out a Head Start program in accordance with the authority described in the preceding sentence.”

1986—Subsec. (a)(2). Pub. L. 99–425 substituted “1990” for “1986” in closing provisions.

1984—Subsec. (a)(2). Pub. L. 98–558, § 105(a), inserted at end “During the period beginning on October 30, 1984, and ending on October 1, 1986, and unless specifically authorized in any statute of the United States enacted after October 30, 1984, the Secretary may not make any change in the method, as in effect on April 25, 1984, of calculating income used to prescribe eligibility for the participation of persons in the Head Start programs assisted under this subchapter if such change would result in any reduction in, or exclusion from, participation of persons in any of such programs.”

Subsec. (c). Pub. L. 98–558, § 105(b), added subsec. (c).

### Statutory Notes and Related Subsidiaries

### Effective Date of 1994 Amendment

Amendment by Pub. L. 103–252 effective May 18, 1994, but not applicable to Head Start agencies and other recipients of financial assistance under the Head Start Act (42 U.S.C. 9831 et seq.) until Oct. 1, 1994, see section 127 of Pub. L. 103–252, set out as a note under section 9832 of this title.

### Effective Date of 1990 Amendment

Amendment by Pub. L. 101–501 effective Oct. 1, 1990, see section 1001(a) of Pub. L. 101–501, set out as a note under section 8621 of this title.

### Effective Date of 1986 Amendment

Amendment by Pub. L. 99–425 effective Oct. 1, 1986, see section 1001 of Pub. L. 99–425, set out as a note under section 8621 of this title.

### Selection Criteria for Indian Tribe Operating Head Start Program

Pub. L. 118–47, div. D, title II, § 238, Mar. 23, 2024, 138 Stat. 681, provided that: “In this fiscal year and each fiscal year thereafter, notwithstanding the income eligibility requirements of subsections (a) and paragraphs (1) and (2) of subsection (d) of section 645 of the Head Start Act [42 U.S.C. 9840] and income eligibility criteria and allowances prescribed in regulations, 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.”

### Selection Criteria for Agency Operating Migrant or Seasonal Head Start Program

Pub. L. 118–47, div. D, title II, § 239, Mar. 23, 2024, 138 Stat. 681, provided that: “In this fiscal year and each fiscal year thereafter, notwithstanding the income eligibility requirements of subsection (a) of section 645 of the Head Start Act [42 U.S.C. 9840] and income eligibility criteria and allowances prescribed in regulations, an agency that operates a migrant or seasonal Head Start program may, at its discretion, establish selection criteria to enroll children who would benefit from the Head Start program, giving priority to children of migrant farmworker families: Provided, That such selection criteria shall limit that enrollment to children who have at least one family member whose income comes primarily from agricultural employment as defined in section 3 of the Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C. 1802).”