---
kind: "section"
citation: "42 U.S.C. § 9844"
title: "42"
title_heading: "The Public Health and Welfare"
number: "9844"
heading: "Research, demonstrations, and evaluation"
release: "119-102"
url: "https://uscodex.org/usc/42/9844"
units:
  - "Chapter 105 — Community Services Programs"
  - "Subchapter II — Head Start Programs"
---

# §9844. Research, demonstrations, and evaluation

- (a) **In general—**
  - (1) **Requirement; general purposes—** The [Secretary](/usc/42/9832.md?p=24) shall carry out a continuing [program](/usc/42/274l–1.md?p=4) of research, demonstration, and evaluation activities, in order to—
    - (A) foster continuous improvement in the quality of the Head Start [programs](/usc/42/274l–1.md?p=4) under this subchapter and in their effectiveness in enabling participating [children](/usc/42/256e.md?p=g-2) and their [families](/usc/42/12704.md?p=11) to succeed in [school](/usc/42/6372.md?p=1) and otherwise; and
    - (B) use the Head Start [programs](/usc/42/274l–1.md?p=4) to develop, test, and disseminate new ideas based on existing [scientifically valid research](/usc/42/9832.md?p=23), for addressing the needs of low-[income](/usc/42/292s.md?p=c-4) preschool [children](/usc/42/256e.md?p=g-2) (including [children](/usc/42/256e.md?p=g-2) with disabilities, [homeless children](/usc/42/9832.md?p=11), [children](/usc/42/256e.md?p=g-2) who have been abused or neglected, and [children](/usc/42/256e.md?p=g-2) in foster care) and their [families](/usc/42/12704.md?p=11) and communities (including demonstrations of innovative non-center-based [program](/usc/42/274l–1.md?p=4) models such as home-based and mobile [programs](/usc/42/274l–1.md?p=4)), and otherwise to further the purposes of this subchapter.
  - (2) **Plan—** The [Secretary](/usc/42/9832.md?p=24) shall develop, and periodically update, a plan governing the research, demonstration, and evaluation activities under this section.
- (b) **Conduct of research, demonstration, and evaluation activities—** The [Secretary](/usc/42/9832.md?p=24), in order to conduct research, demonstration, and evaluation activities under this section—
  - (1) may carry out such activities directly, or through grants to, or contracts or cooperative [agreements](/usc/42/1320b–8.md?p=a-3-A) with, public or [private entities](/usc/42/12181.md?p=6);
  - (2) shall, to the extent appropriate, undertake such activities in collaboration with other Federal agencies, and with non-Federal agencies, conducting similar activities;
  - (3) shall ensure that evaluation of activities in a specific [program](/usc/42/274l–1.md?p=4) or [project](/usc/42/11360.md?p=20) is conducted by [persons](/usc/42/1320a–7k.md?p=d-4-C-i) not directly involved in the operation of such [program](/usc/42/274l–1.md?p=4) or [project](/usc/42/11360.md?p=20);
  - (4) may require Head Start agencies to provide for independent evaluations;
  - (5) may approve, in appropriate cases, community-based cooperative research and evaluation efforts to enable Head Start [programs](/usc/42/274l–1.md?p=4) to collaborate with qualified researchers not directly involved in [program](/usc/42/274l–1.md?p=4) administration or operation; and
  - (6) may collaborate with organizations with expertise in inclusive educational strategies for preschoolers with disabilities.
- (c) **Consultation and collaboration—** In carrying out activities under this section, the [Secretary](/usc/42/9832.md?p=24) shall—
  - (1) consult with—
    - (A) individuals from relevant academic disciplines;
    - (B) individuals who are involved in the operation of Head Start [programs](/usc/42/274l–1.md?p=4) and individuals who are involved in the operation of other [child](/usc/42/416.md?p=e) and [family](/usc/42/290ff–4.md?p=d-2) service [programs](/usc/42/274l–1.md?p=4); and
    - (C) individuals from other Federal agencies, and individuals from organizations, involved with [children](/usc/42/256e.md?p=g-2) and [families](/usc/42/12704.md?p=11), ensuring that the individuals described in this subparagraph reflect the multicultural nature of the [children](/usc/42/256e.md?p=g-2) and [families](/usc/42/12704.md?p=11) served by the Head Start [programs](/usc/42/274l–1.md?p=4) and the multidisciplinary nature of the Head Start [programs](/usc/42/274l–1.md?p=4);
  - (2) whenever feasible and appropriate, obtain the views of [persons](/usc/42/1320a–7k.md?p=d-4-C-i) participating in and served by [programs](/usc/42/274l–1.md?p=4) and [projects](/usc/42/11360.md?p=20) assisted under this subchapter with respect to activities under this section; and
  - (3) establish, to the extent appropriate, working relationships with the faculties of institutions of higher education, as defined in [section 1001 of title 20](/usc/20/1001.md), located in the area in which any evaluation under this section is being conducted, unless there is no such [institution of higher education](/usc/42/9832.md?p=13) willing and able to participate in such evaluation.
- (d) **Specific objectives—** The research, demonstration, and evaluation activities under this subchapter shall include components designed to—
  - (1) permit ongoing assessment of the quality and effectiveness of the [programs](/usc/42/274l–1.md?p=4) under this subchapter;
  - (2) establish evaluation methods that measure the effectiveness and impact of [family literacy services](/usc/42/9832.md?p=4) [program](/usc/42/274l–1.md?p=4) models, including models for the integration of [family literacy services](/usc/42/9832.md?p=4) with Head Start services;
  - (3) contribute to developing knowledge concerning factors associated with the quality and effectiveness of Head Start [programs](/usc/42/274l–1.md?p=4) and in identifying ways in which services provided under this subchapter may be improved;
  - (4) assist in developing knowledge concerning the factors that promote or inhibit healthy development and effective functioning of [children](/usc/42/256e.md?p=g-2) and their [families](/usc/42/12704.md?p=11) both during and following participation in a Head Start [program](/usc/42/274l–1.md?p=4);
  - (5)
    - (A) identify successful strategies that promote good oral [health](/usc/42/9852c.md?p=c) and provide effective linkages to quality dental services through pediatric dental referral networks, for infants and toddlers participating in Early Head Start [programs](/usc/42/274l–1.md?p=4) and [children](/usc/42/256e.md?p=g-2) participating in other Head Start [programs](/usc/42/274l–1.md?p=4); and
    - (B) identify successful strategies that promote good vision [health](/usc/42/9852c.md?p=c) through vision screenings for such infants, toddlers, and [children](/usc/42/256e.md?p=g-2), and referrals for appropriate followup care for those identified as having a vision problem;
  - (6) permit comparisons of [children](/usc/42/256e.md?p=g-2) and [families](/usc/42/12704.md?p=11) participating in Head Start [programs](/usc/42/274l–1.md?p=4) with [children](/usc/42/256e.md?p=g-2) and [families](/usc/42/12704.md?p=11) receiving other [child](/usc/42/416.md?p=e) care, early childhood education and development or services[^1] [programs](/usc/42/274l–1.md?p=4) and with other appropriate control groups;
  - (7) contribute to understanding the characteristics and needs of population groups eligible for services provided under this subchapter and the impact of such services on the individuals served and the communities in which such services are provided;
  - (8) provide for disseminating and promoting the use of the findings from such research, demonstration, and evaluation activities;
  - (9) promote exploration of areas in which knowledge is insufficient, and that will otherwise contribute to fulfilling the purposes of this subchapter; and
  - (10)
    - (A) contribute to understanding the impact of Head Start services delivered in classrooms which include both [children](/usc/42/256e.md?p=g-2) with disabilities and [children](/usc/42/256e.md?p=g-2) without disabilities, on all of the [children](/usc/42/256e.md?p=g-2); and
    - (B) disseminate promising [practices](/usc/42/17061.md?p=19) for increasing the availability and quality of such services and such classrooms.
- (e) **Longitudinal studies—** In developing priorities for research, demonstration, and evaluation activities under this section, the [Secretary](/usc/42/9832.md?p=24) shall give special consideration to longitudinal studies that—
  - (1) examine the developmental progress of [children](/usc/42/256e.md?p=g-2) and their [families](/usc/42/12704.md?p=11) both during and following participation in a Head Start [program](/usc/42/274l–1.md?p=4), including the examination of factors that contribute to or detract from such progress;
  - (2) examine factors related to improving the quality of the Head Start [programs](/usc/42/274l–1.md?p=4) and the preparation the [programs](/usc/42/274l–1.md?p=4) provide for [children](/usc/42/256e.md?p=g-2) and their [families](/usc/42/12704.md?p=11) to function effectively in [schools](/usc/42/6372.md?p=1) and other settings in the years following participation in such a [program](/usc/42/274l–1.md?p=4); and
  - (3) as appropriate, permit comparison of [children](/usc/42/256e.md?p=g-2) and [families](/usc/42/12704.md?p=11) participating in Head Start [programs](/usc/42/274l–1.md?p=4) with [children](/usc/42/256e.md?p=g-2) and [families](/usc/42/12704.md?p=11) receiving other early childhood education and development services or [programs](/usc/42/274l–1.md?p=4), and with other appropriate control groups.
- (f) **Ownership of results—** The [Secretary](/usc/42/9832.md?p=24) shall take necessary steps to ensure that all studies, reports, proposals, and data produced or developed with Federal [funds](/usc/42/12854.md?p=3) under this subchapter shall become the property of the [United States](/usc/42/403.md?p=k).
- (g) **National Head Start impact research—**
  - (1) **Expert panel—**
    - (A) **In general—** The [Secretary](/usc/42/9832.md?p=24) shall appoint an independent [panel](/usc/42/10362.md?p=16) consisting of experts in [program](/usc/42/274l–1.md?p=4) evaluation and research, education, and early childhood [programs](/usc/42/274l–1.md?p=4)—
      - (i) to review, and make recommendations on, the design and plan for the research (whether conducted as a [single](/usc/42/2304.md?p=m) assessment or as a series of assessments) described in [paragraph (2)](#g-2), within 1 year after October 27, 1998;
      - (ii) to maintain and advise the [Secretary](/usc/42/9832.md?p=24) regarding the progress of the research; and
      - (iii) to comment, if the [panel](/usc/42/10362.md?p=16) so desires, on the interim and final research reports submitted under [paragraph (7)](#g-7).
    - (B) **Travel expenses—** The members of the [panel](/usc/42/10362.md?p=16) shall not receive compensation for the performance of services for the [panel](/usc/42/10362.md?p=16), but shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for [employees](/usc/42/1320a–7h.md?p=e-7) of agencies under subchapter I of [chapter 57](/usc/5/chptIII-sptD-ch57.md) of title 5, while away from their homes or regular places of business in the performance of services for the [panel](/usc/42/10362.md?p=16). Notwithstanding [section 1342 of title 31](/usc/31/1342.md), the [Secretary](/usc/42/9832.md?p=24) may accept the voluntary and uncompensated services of members of the [panel](/usc/42/10362.md?p=16).
  - (2) **General authority—** After reviewing the recommendations of the expert [panel](/usc/42/10362.md?p=16), the [Secretary](/usc/42/9832.md?p=24) shall make a grant to, or enter into a contract or cooperative [agreement](/usc/42/1320b–8.md?p=a-3-A) with, an organization to conduct independent research that provides a national analysis of the [impact](#g-8) of Head Start [programs](/usc/42/274l–1.md?p=4). The [Secretary](/usc/42/9832.md?p=24) shall ensure that the organization shall have expertise in [program](/usc/42/274l–1.md?p=4) evaluation, and research, education, and early childhood [programs](/usc/42/274l–1.md?p=4).
  - (3) **Designs and techniques—** The [Secretary](/usc/42/9832.md?p=24) shall ensure that the research uses rigorous methodological designs and techniques (based on the recommendations of the expert [panel](/usc/42/10362.md?p=16)), including longitudinal designs, control groups, nationally recognized standardized measures, and random selection and assignment, as appropriate. The [Secretary](/usc/42/9832.md?p=24) may provide that the research shall be conducted as a [single](/usc/42/2304.md?p=m) comprehensive assessment or as a group of coordinated assessments designed to provide, when taken together, a national analysis of the [impact](#g-8) of Head Start [programs](/usc/42/274l–1.md?p=4).
  - (4) **Programs—** The [Secretary](/usc/42/9832.md?p=24) shall ensure that the research focuses primarily on Head Start [programs](/usc/42/274l–1.md?p=4) that operate in the 50 [States](/usc/42/9832.md?p=25), the Commonwealth of Puerto Rico, or the District of Columbia and that do not specifically target special populations.
  - (5) **Analysis—** The [Secretary](/usc/42/9832.md?p=24) shall ensure that the organization conducting the research—
    - (A)
      - (i) determines if, overall, the Head Start [programs](/usc/42/274l–1.md?p=4) have [impacts](#g-8) consistent with their primary goal of increasing the social competence of [children](/usc/42/256e.md?p=g-2), by increasing the everyday effectiveness of the [children](/usc/42/256e.md?p=g-2) in dealing with their present environments and future responsibilities, and increasing their [school](/usc/42/6372.md?p=1) readiness;
      - (ii) considers whether the Head Start [programs](/usc/42/274l–1.md?p=4)—
        - (I) enhance the growth and development of [children](/usc/42/256e.md?p=g-2) in cognitive, emotional, and physical [health](/usc/42/9852c.md?p=c) areas;
        - (II) strengthen [families](/usc/42/12704.md?p=11) as the primary nurturers of their [children](/usc/42/256e.md?p=g-2); and
        - (III) ensure that [children](/usc/42/256e.md?p=g-2) attain [school](/usc/42/6372.md?p=1) readiness; and
      - (iii) examines—
        - (I) the [impact](#g-8) of the Head Start [programs](/usc/42/274l–1.md?p=4) on increasing access of [children](/usc/42/256e.md?p=g-2) to such services as educational, [health](/usc/42/9852c.md?p=c), and nutritional services, and linking [children](/usc/42/256e.md?p=g-2) and [families](/usc/42/12704.md?p=11) to needed community services; and
        - (II) how receipt of services described in [subclause (I)](#g-5-A-iii-I) enriches the lives of [children](/usc/42/256e.md?p=g-2) and [families](/usc/42/12704.md?p=11) participating in Head Start [programs](/usc/42/274l–1.md?p=4);
    - (B) examines the [impact](#g-8) of Head Start [programs](/usc/42/274l–1.md?p=4) on participants on the date the participants leave Head Start [programs](/usc/42/274l–1.md?p=4), at the end of kindergarten and at the end of first grade (whether in public or private [school](/usc/42/6372.md?p=1)), by examining a variety of factors, including educational achievement, referrals for special education or remedial course work, and absenteeism;
    - (C) makes use of random selection from the population of all Head Start [programs](/usc/42/274l–1.md?p=4) described in [paragraph (4)](#g-4) in selecting [programs](/usc/42/274l–1.md?p=4) for inclusion in the research; and
    - (D) includes comparisons of individuals who participate in Head Start [programs](/usc/42/274l–1.md?p=4) with control groups (including comparison groups) composed of—
      - (i) individuals who participate in other early childhood [programs](/usc/42/274l–1.md?p=4) (such as public or private preschool [programs](/usc/42/274l–1.md?p=4) and day care); and
      - (ii) individuals who do not participate in any other early childhood [program](/usc/42/274l–1.md?p=4).
  - (6) **Consideration of sources of variation—** In designing the research, the [Secretary](/usc/42/9832.md?p=24) shall, to the extent practicable, consider addressing possible sources of variation in [impact](#g-8) of Head Start [programs](/usc/42/274l–1.md?p=4), including variations in [impact](#g-8) related to such factors as—
    - (A) Head Start [program](/usc/42/274l–1.md?p=4) operations;
    - (B) Head Start [program](/usc/42/274l–1.md?p=4) quality;
    - (C) the length of time a [child](/usc/42/416.md?p=e) attends a Head Start [program](/usc/42/274l–1.md?p=4);
    - (D) the age of the [child](/usc/42/416.md?p=e) on entering the Head Start [program](/usc/42/274l–1.md?p=4);
    - (E) the type of organization (such as a [local educational agency](/usc/42/9832.md?p=16) or a community action agency) providing services for the Head Start [program](/usc/42/274l–1.md?p=4);
    - (F) the number of hours and days of [program](/usc/42/274l–1.md?p=4) operation of the Head Start [program](/usc/42/274l–1.md?p=4) (such as whether the [program](/usc/42/274l–1.md?p=4) is a full-working-day, [full calendar year](/usc/42/9832.md?p=6) [program](/usc/42/274l–1.md?p=4), a part-day [program](/usc/42/274l–1.md?p=4), or a part-year [program](/usc/42/274l–1.md?p=4)); and
    - (G) other characteristics and features of the Head Start [program](/usc/42/274l–1.md?p=4) (such as geographic location, location in an urban or a rural service area, or participant characteristics), as appropriate.
  - (7) **Reports—**
    - (A) **Submission of interim reports—** The organization shall prepare and submit to the [Secretary](/usc/42/9832.md?p=24) two interim reports on the research. The first interim report shall describe the design of the research, and the rationale for the design, including a description of how potential sources of variation in [impact](#g-8) of Head Start [programs](/usc/42/274l–1.md?p=4) have been considered in designing the research. The second interim report shall describe the status of the research and preliminary findings of the research, as appropriate.
    - (B) **Submission of final report—** The organization shall prepare and submit to the [Secretary](/usc/42/9832.md?p=24) a final report containing the findings of the research.
    - (C) **Transmittal of report to Congress—** Not later than September 30, 2009, the [Secretary](/usc/42/9832.md?p=24) shall transmit the final report to the Committee on Education and Labor of the House of [Representatives](/usc/42/3058f.md?p=5) and the Committee on [Health](/usc/42/9852c.md?p=c), Education, Labor, and Pensions of the Senate.
  - (8) **Definition—** In this subsection, the term “impact”, used with respect to a Head Start [program](/usc/42/274l–1.md?p=4), means a difference in an outcome for a participant in the [program](/usc/42/274l–1.md?p=4) that would not have occurred without the participation in the [program](/usc/42/274l–1.md?p=4).
- (h) **Limited English proficient children—**
  - (1) **Study—** Not later than 1 year after December 12, 2007, the [Secretary](/usc/42/9832.md?p=24) shall conduct a study on the status of [limited English proficient](/usc/42/9832.md?p=15) [children](/usc/42/256e.md?p=g-2) and their [families](/usc/42/12704.md?p=11) participating in Head Start [programs](/usc/42/274l–1.md?p=4) (including Early Head Start [programs](/usc/42/274l–1.md?p=4)).
  - (2) **Report—** The [Secretary](/usc/42/9832.md?p=24) shall prepare and submit to the Committee on Education and Labor of the House of [Representatives](/usc/42/3058f.md?p=5) and the Committee on [Health](/usc/42/9852c.md?p=c), Education, Labor, and Pensions of the Senate, not later than September 30, 2010, a report containing the results of the study, including information on—
    - (A) the demographics of [limited English proficient](/usc/42/9832.md?p=15) [children](/usc/42/256e.md?p=g-2) from birth through age 5, including the number of such [children](/usc/42/256e.md?p=g-2) receiving Head Start services and Early Head Start services, and the geographic distribution of [children](/usc/42/256e.md?p=g-2) described in this subparagraph;
    - (B) the nature of the Head Start services and of the Early Head Start services provided to [limited English proficient](/usc/42/9832.md?p=15) [children](/usc/42/256e.md?p=g-2) and their [families](/usc/42/12704.md?p=11), including the types, content, duration, intensity, and costs of [family](/usc/42/290ff–4.md?p=d-2) services, language assistance, and educational services;
    - (C) procedures in Head Start [programs](/usc/42/274l–1.md?p=4) and Early Head Start [programs](/usc/42/274l–1.md?p=4) for the assessment of language needs and the transition of [limited English proficient](/usc/42/9832.md?p=15) [children](/usc/42/256e.md?p=g-2) to kindergarten, including the extent to which such [programs](/usc/42/274l–1.md?p=4) meet the requirements of [section 9837a of this title](/usc/42/9837a.md) for [limited English proficient](/usc/42/9832.md?p=15) [children](/usc/42/256e.md?p=g-2);
    - (D) the qualifications and [training](/usc/42/285e–2.md?p=b-2) provided to Head Start teachers and Early Head Start teachers who serve [limited English proficient](/usc/42/9832.md?p=15) [children](/usc/42/256e.md?p=g-2) and their [families](/usc/42/12704.md?p=11);
    - (E) the languages in which Head Start teachers and Early Head Start teachers are fluent, in relation to the population, and instructional needs, of the [children](/usc/42/256e.md?p=g-2) served;
    - (F) the rate of progress made by [limited English proficient](/usc/42/9832.md?p=15) [children](/usc/42/256e.md?p=g-2) and their [families](/usc/42/12704.md?p=11) in Head Start [programs](/usc/42/274l–1.md?p=4) and in Early Head Start [programs](/usc/42/274l–1.md?p=4), including—
      - (i) the rate of progress made by [limited English proficient](/usc/42/9832.md?p=15) [children](/usc/42/256e.md?p=g-2) toward meeting the additional educational [standards](/usc/42/1320d.md?p=7) described in [section 9836a(a)(1)(B)(ii) of this title](/usc/42/9836a.md?p=a-1-B-ii) while enrolled in such [programs](/usc/42/274l–1.md?p=4);
      - (ii) a description of the type of assessment or assessments used to determine the rate of progress made by [limited English proficient](/usc/42/9832.md?p=15) [children](/usc/42/256e.md?p=g-2);
      - (iii) the correlation between such progress and the type and quality of instruction and educational [programs](/usc/42/274l–1.md?p=4) provided to [limited English proficient](/usc/42/9832.md?p=15) [children](/usc/42/256e.md?p=g-2); and
      - (iv) the correlation between such progress and the [health](/usc/42/9852c.md?p=c) and [family](/usc/42/290ff–4.md?p=d-2) services provided by such [programs](/usc/42/274l–1.md?p=4) to [limited English proficient](/usc/42/9832.md?p=15) [children](/usc/42/256e.md?p=g-2) and their [families](/usc/42/12704.md?p=11); and
    - (G) the extent to which Head Start [programs](/usc/42/274l–1.md?p=4) and Early Head Start [programs](/usc/42/274l–1.md?p=4) make use of [funds](/usc/42/12854.md?p=3) under [section 9835(a)(2)(D) of this title](/usc/42/9835.md?p=a-2-D) to improve the quality of such services provided to [limited English proficient](/usc/42/9832.md?p=15) [children](/usc/42/256e.md?p=g-2) and their [families](/usc/42/12704.md?p=11).
- (i) **Research and evaluation activities relevant to diverse communities—** For purposes of conducting the study described in [subsection (h)](#h), activities described in [section 9835(l)(5)(A)](/usc/42/9835.md) of this title, and other research and evaluation activities relevant to [limited English proficient](/usc/42/9832.md?p=15) [children](/usc/42/256e.md?p=g-2) and their [families](/usc/42/12704.md?p=11), migrant and seasonal farmworker [families](/usc/42/12704.md?p=11), and other [families](/usc/42/12704.md?p=11) from diverse populations served by Head Start [programs](/usc/42/274l–1.md?p=4), the [Secretary](/usc/42/9832.md?p=24) shall award, on a competitive basis, [funds](/usc/42/12854.md?p=3) from amounts made available under [section 9835(a)(2)(D) of this title](/usc/42/9835.md?p=a-2-D) to 1 or more organizations with a demonstrated capacity for serving and studying the populations involved.
- (j) **Review of assessments—**
  - (1) **Application of study—** When the study on Developmental Outcomes and Assessments for Young [Children](/usc/42/256e.md?p=g-2) by the National Academy of Sciences is made available to the [Secretary](/usc/42/9832.md?p=24), the [Secretary](/usc/42/9832.md?p=24) shall—
    - (A) integrate the results of the study, as appropriate and in accordance with paragraphs [(2)](#j-2) and [(3)](#j-3), into each assessment used in Head Start [programs](/usc/42/274l–1.md?p=4); and
    - (B) use the results of the study to develop, inform, and revise as appropriate the [standards](/usc/42/1320d.md?p=7) and measures described in [section 9836a of this title](/usc/42/9836a.md), consistent with [section 9836a(a)(2)(C)(ii) of this title](/usc/42/9836a.md?p=a-2-C-ii).
  - (2) **Inform and revise—** In informing and revising any assessment used in the Head Start [programs](/usc/42/274l–1.md?p=4), the [Secretary](/usc/42/9832.md?p=24) shall—
    - (A) receive recommendations from the [Panel](/usc/42/10362.md?p=16) on Developmental Outcomes and Assessments for Young [Children](/usc/42/256e.md?p=g-2) of the National Academy of Sciences; and
    - (B) with respect to the development or refinement of such assessment, ensure—
      - (i) consistency with relevant, nationally recognized professional and technical [standards](/usc/42/1320d.md?p=7);
      - (ii) validity and reliability for all purposes for which assessments under this subchapter are designed and used;
      - (iii) developmental and linguistic appropriateness of such assessments for [children](/usc/42/256e.md?p=g-2) assessed, including [children](/usc/42/256e.md?p=g-2) who are [limited English proficient](/usc/42/9832.md?p=15); and
      - (iv) that the results can be used to improve the quality of, accountability of, and [training](/usc/42/285e–2.md?p=b-2) and technical assistance in, Head Start [programs](/usc/42/274l–1.md?p=4).
  - (3) **Additional requirements—** The [Secretary](/usc/42/9832.md?p=24), in carrying out the process described in [paragraph (2)](#j-2), shall ensure that—
    - (A) staff administering any assessments under this subchapter have received appropriate [training](/usc/42/285e–2.md?p=b-2) to administer such assessments;
    - (B) appropriate accommodations for [children](/usc/42/256e.md?p=g-2) with disabilities and [children](/usc/42/256e.md?p=g-2) who are [limited English proficient](/usc/42/9832.md?p=15) are made;
    - (C) the English and Spanish (and any other language, as appropriate) forms of such assessments are valid and reliable in the languages in which they are administered; and
    - (D) such assessments are not used to exclude [children](/usc/42/256e.md?p=g-2) from Head Start [programs](/usc/42/274l–1.md?p=4).
  - (4) **Suspended implementation of national reporting system—** The [Secretary](/usc/42/9832.md?p=24) shall suspend implementation and terminate further development and use of the National Reporting System.
- (k) **Indian Head Start study—** The [Secretary](/usc/42/9832.md?p=24) shall—
  - (1) work in collaboration with the Head Start agencies that carry out [Indian](/usc/42/6862.md?p=6) Head Start [programs](/usc/42/274l–1.md?p=4), the [Indian](/usc/42/6862.md?p=6) Head Start collaboration [director](/usc/42/5061.md?p=1), and other appropriate entities, including [tribal governments](/usc/42/804.md?p=d-3) and the National [Indian](/usc/42/6862.md?p=6) Head Start [Directors](/usc/42/5061.md?p=1) Association—
    - (A) to undertake a study or set of studies designed to focus on the American [Indian](/usc/42/6862.md?p=6) and Alaska Native Head Start-eligible population, with a focus on issues such as curriculum development, availability and need for services, appropriate research methodologies and measures for these populations, and best [practices](/usc/42/17061.md?p=19) for teaching and educating American [Indian](/usc/42/6862.md?p=6) and Alaska Native Head Start [Children](/usc/42/256e.md?p=g-2);
    - (B) to accurately determine the number of [children](/usc/42/256e.md?p=g-2) nationwide who are eligible to participate in [Indian](/usc/42/6862.md?p=6) Head Start [programs](/usc/42/274l–1.md?p=4) each year;
    - (C) to document how many of these [children](/usc/42/256e.md?p=g-2) are receiving Head Start services each year;
    - (D) to the extent practicable, to ensure that access to [Indian](/usc/42/6862.md?p=6) Head Start [programs](/usc/42/274l–1.md?p=4) for eligible [children](/usc/42/256e.md?p=g-2) is comparable to access to other Head Start [programs](/usc/42/274l–1.md?p=4) for other eligible [children](/usc/42/256e.md?p=g-2); and
    - (E) to make the funding decisions required in [section 9835(a)(4)(D)(ii) of this title](/usc/42/9835.md?p=a-4-D-ii), after completion of the studies required in that section, taking into account—
      - (i) the Federal government’s[^2] unique [trust](/usc/42/12854.md?p=6) responsibility to American [Indians](/usc/42/6862.md?p=6) and Alaska Natives;
      - (ii) limitations faced by tribal communities in accessing non-Federal sources of funding to supplement Federal funding for early childhood [programs](/usc/42/274l–1.md?p=4); and
      - (iii) other factors that uniquely and adversely impact [children](/usc/42/256e.md?p=g-2) in American [Indian](/usc/42/6862.md?p=6) and Alaska Native communities such as highly elevated poverty, unemployment and violent crime rates, as well as depressed levels of educational achievement and limited access to non-Federal [health](/usc/42/9852c.md?p=c), social and educational resources;
  - (2) in carrying out [paragraph (1)](#k-1), consult with the [Secretary](/usc/42/9832.md?p=24) of Education about the Department of Education’s systems for collecting and reporting data about, and maintaining records on, American [Indian](/usc/42/6862.md?p=6) and Alaska Native students;
  - (3) not later than 9 months after the effective date of this subsection, publish in the Federal Register a notice of how the [Secretary](/usc/42/9832.md?p=24) plans to carry out [paragraph (1)](#k-1) and shall provide a period for public comment. To the extent practicable, the [Secretary](/usc/42/9832.md?p=24) shall consider comments received before submitting a report to the Congress;
  - (4) not later than 1 year after the effective date of this subsection, submit a report to the Committee on Education and Labor of the House of [Representatives](/usc/42/3058f.md?p=5) and the Committee on [Health](/usc/42/9852c.md?p=c), Education, Labor, and Pensions of the Senate, detailing how the Department of [Health](/usc/42/9852c.md?p=c) and Human Services plans to carry out [paragraph (1)](#k-1);
  - (5) through regulation, ensure the confidentiality of any personally identifiable data, information, and records collected or maintained by the [Secretary](/usc/42/9832.md?p=24), by Head Start agencies that carry out [Indian](/usc/42/6862.md?p=6) Head Start [programs](/usc/42/274l–1.md?p=4), and by [State](/usc/42/9832.md?p=25) [Directors](/usc/42/5061.md?p=1) of Head Start Collaboration, by the [Indian](/usc/42/6862.md?p=6) Head Start Collaboration [Project](/usc/42/11360.md?p=20) [Director](/usc/42/5061.md?p=1) and by other appropriate entities pursuant to this subsection (such regulations shall provide the policies, protections, and rights equivalent to those provided a [parent](/usc/42/1396a.md?p=k-3), student, or educational agency or institution under [section 1232g of title 20](/usc/20/1232g.md)); and
  - (6) ensure that nothing in this subsection shall be construed to authorize the development of a nationwide database of personally identifiable information on individuals involved in studies or other collections of data under this subsection.
- (l) **Migrant and seasonal Head Start program study—**
  - (1) **Data—** In order to increase access to Head Start services for [children](/usc/42/256e.md?p=g-2) of migrant and seasonal farmworkers, the [Secretary](/usc/42/9832.md?p=24) shall work in collaboration with providers of migrant and seasonal Head Start [programs](/usc/42/274l–1.md?p=4), the [Secretary](/usc/42/9832.md?p=24) of Agriculture, the [Secretary](/usc/42/9832.md?p=24) of Labor, the Bureau of Migrant [Health](/usc/42/9852c.md?p=c), and the [Secretary](/usc/42/9832.md?p=24) of Education to—
    - (A) collect, report, and share data, within a coordinated system, on [children](/usc/42/256e.md?p=g-2) of migrant and seasonal farmworkers and their [families](/usc/42/12704.md?p=11), including [health](/usc/42/9852c.md?p=c) records and educational documents of such [children](/usc/42/256e.md?p=g-2), in order to adequately account for the number of [children](/usc/42/256e.md?p=g-2) of migrant and seasonal farmworkers who are eligible for Head Start services and determine how many of such [children](/usc/42/256e.md?p=g-2) receive the services; and
    - (B) identify barriers that prevent [children](/usc/42/256e.md?p=g-2) of migrant and seasonal farmworkers who are eligible for Head Start services from accessing Head Start services, and develop a plan for eliminating such barriers, including certain requirements relating to tracking, [health](/usc/42/9852c.md?p=c) records, and educational documents, and increasing enrollment.
  - (2) **Publication of plan—** Not later than 1 year after December 12, 2007, the [Secretary](/usc/42/9832.md?p=24) shall publish in the Federal Register a notice about how the [Secretary](/usc/42/9832.md?p=24) plans to implement the activities identified in [paragraph (1)](#l-1) and shall provide a period for public comment. To the extent practicable, the [Secretary](/usc/42/9832.md?p=24) shall consider comments received before implementing any of the activities identified in [paragraph (1)](#l-1).
  - (3) **Report—** Not later than 18 months after December 12, 2007, and annually thereafter, the [Secretary](/usc/42/9832.md?p=24) shall submit a report to the Committee on Education and Labor of the House of [Representatives](/usc/42/3058f.md?p=5) and the Committee on [Health](/usc/42/9852c.md?p=c), Education, Labor, and Pensions of the Senate detailing how the [Secretary](/usc/42/9832.md?p=24) plans to implement the activities identified in [paragraph (1)](#l-1), including the progress made in reaching out to and serving eligible [children](/usc/42/256e.md?p=g-2) of migrant and seasonal farmworkers, and information on [States](/usc/42/9832.md?p=25) where such [children](/usc/42/256e.md?p=g-2) are still underserved.
  - (4) **Protection of confidentiality—** The [Secretary](/usc/42/9832.md?p=24) shall, through regulation, ensure the protection of the confidentiality of any personally identifiable data, information, and records collected or maintained by the [Secretary](/usc/42/9832.md?p=24), by Head Start agencies that carry out [migrant or seasonal Head Start programs](/usc/42/9832.md?p=17), by the [State](/usc/42/9832.md?p=25) [director](/usc/42/5061.md?p=1) of Head Start Collaboration, and by the Migrant and Seasonal Farmworker Collaboration [project](/usc/42/11360.md?p=20) [Director](/usc/42/5061.md?p=1) (such regulations shall provide the policies, protections, and rights equivalent to those provided a [parent](/usc/42/1396a.md?p=k-3), student, or educational agency or institution under [section 1232g of title 20](/usc/20/1232g.md)).
  - (5) **Rule of construction—** Nothing in this subsection shall be construed to authorize the development of a nationwide database of personally identifiable data, information, or records on individuals involved in studies or other collections of data under this subsection.
- (m) **Program emergency preparedness—**
  - (1) **Purpose—** The purpose of this subsection is to evaluate the emergency preparedness of the Head Start [programs](/usc/42/274l–1.md?p=4), including Early Head Start [programs](/usc/42/274l–1.md?p=4), and make recommendations for how Head Start shall enhance its readiness to respond to an emergency.
  - (2) **Study—** The [Secretary](/usc/42/9832.md?p=24) shall evaluate the Federal, [State](/usc/42/9832.md?p=25), and local preparedness of Head Start [programs](/usc/42/274l–1.md?p=4), including Early Head Start [programs](/usc/42/274l–1.md?p=4), to respond appropriately in the event of a large-scale emergency, such as the hurricanes Katrina, Rita, and Wilma, the terrorist attacks of September 11, 2001, or other incidents where assistance may be warranted under the Robert T. Stafford [Disaster](/usc/42/5204.md?p=2) Relief and Emergency Assistance Act ([42 U.S.C. 5121](/usc/42/5121.md) et seq.).
  - (3) **Report to Congress—** Not later than 18 months after December 12, 2007, the [Secretary](/usc/42/9832.md?p=24) shall prepare and submit to Committee on Education and Labor of the House of [Representatives](/usc/42/3058f.md?p=5) and the Committee on [Health](/usc/42/9852c.md?p=c), Education, Labor, and Pensions of the Senate a report containing the results of the evaluation required under [paragraph (2)](#m-2), including—
    - (A) recommendations for improvements to Federal, [State](/usc/42/9832.md?p=25), and local preparedness and response capabilities to large-scale emergencies, including those that were developed in response to hurricanes Katrina, Rita, and Wilma, as they relate to Head Start [programs](/usc/42/274l–1.md?p=4), including Early Head Start [programs](/usc/42/274l–1.md?p=4), and the [Secretary](/usc/42/9832.md?p=24)’s plan to implement such recommendations;
    - (B) an evaluation of the procedures for informing [families](/usc/42/12704.md?p=11) of [children](/usc/42/256e.md?p=g-2) in Head Start [programs](/usc/42/274l–1.md?p=4) about the [program](/usc/42/274l–1.md?p=4) protocols for response to a large-scale emergency, including procedures for communicating with such [families](/usc/42/12704.md?p=11) in the event of a large-scale emergency;
    - (C) an evaluation of such procedures for staff [training](/usc/42/285e–2.md?p=b-2) on [State](/usc/42/9832.md?p=25) and local evacuation and emergency protocols; and
    - (D) an evaluation of procedures for Head Start agencies and the [Secretary](/usc/42/9832.md?p=24) to coordinate with appropriate Federal, [State](/usc/42/9832.md?p=25), and local emergency management agencies in the event of a large scale emergency and recommendations to improve such procedures.

## Footnotes

[^1]: So in original. Probably should be “services or”.
[^2]: So in original. Probably should be capitalized.

## Source credit

(Pub. L. 97–35, title VI, § 649, Aug. 13, 1981, 95 Stat. 505; Pub. L. 98–558, title I, § 107, Oct. 30, 1984, 98 Stat. 2880; Pub. L. 101–501, title I, § 117(a), Nov. 3, 1990, 104 Stat. 1233; Pub. L. 103–252, title I, § 116, May 18, 1994, 108 Stat. 646; Pub. L. 105–244, title I, § 102(a)(13)(G), Oct. 7, 1998, 112 Stat. 1621; Pub. L. 105–285, title I, § 116, Oct. 27, 1998, 112 Stat. 2723; Pub. L. 110–134, § 20, Dec. 12, 2007, 121 Stat. 1435.)

## Notes

### Editorial Notes

### References in Text

The effective date of this subsection, referred to in subsec. (k)(3), (4), probably means the date of enactment of Pub. L. 110–134, which enacted subsec. (k) of this section and was approved Dec. 12, 2007.

The Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in subsec. (m)(2), is Pub. L. 93–288, May 22, 1974, 88 Stat. 143, which is classified principally to chapter 68 (§ 5121 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5121 of this title and Tables.

### Amendments

2007—Subsec. (a)(1)(B). Pub. L. 110–134, § 20(1), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “use the Head Start programs to develop, test, and disseminate new ideas and approaches for addressing the needs of low-income preschool children (including children with disabilities) and their families and communities (including demonstrations of innovative noncenter-based program models such as home-based and mobile programs), and otherwise to further the purposes of this subchapter.”

Subsec. (d). Pub. L. 110–134, § 20(2)(F), struck out concluding provisions which read as follows: “The Secretary shall ensure that an appropriate entity carries out a study described in paragraph (9), and prepares and submits to the appropriate committees of Congress a report containing the results of the study, not later than September 30, 2002.”

Subsec. (d)(5). Pub. L. 110–134, § 20(2)(E), added par. (5). Former par. (5) redesignated (6).

Pub. L. 110–134, § 20(2)(C), substituted “early childhood education and development or services programs” for “early childhood education, or child development services”.

Subsec. (d)(6), (7). Pub. L. 110–134, § 20(2)(D), redesignated pars. (5) and (6) as (6) and (7), respectively. Former par. (7) redesignated (8).

Subsec. (d)(8). Pub. L. 110–134, § 20(2)(D), redesignated par. (7) as (8). Former par. (8) redesignated (9).

Pub. L. 110–134, § 20(2)(A), inserted “and” at end.

Subsec. (d)(9). Pub. L. 110–134, § 20(2)(B), (D), redesignated par. (8) as (9) and struck out former par. (9) which read as follows: “study the experiences of small, medium, and large States with Head Start programs in order to permit comparisons of children participating in the programs with eligible children who did not participate in the programs, which study—

“(A) may include the use of a data set that existed prior to the initiation of the study; and

“(B) shall compare the educational achievement, social adaptation, and health status of the participating children and the eligible nonparticipating children; and”.

Subsec. (d)(10). Pub. L. 110–134, § 20(2)(B), added par. (10) and struck out former par. (10) which provided for using the Survey of Income and Program Participation to conduct certain analyses, the National Longitudinal Survey of Youth to examine certain outcomes, and the Survey of Program Dynamics to begin certain annual reporting.

Subsec. (e)(3). Pub. L. 110–134, § 20(3), substituted “early childhood education and development services or programs” for “child care, early childhood education, or child development services”.

Subsec. (g)(7)(C). Pub. L. 110–134, § 20(4), amended subpar. (C) generally. Prior to amendment, text read as follows:

“(i) In general.—The Secretary shall transmit, to the committees described in clause (ii), the first interim report by September 30, 1999, the second interim report by September 30, 2001, and the final report by September 30, 2003.

“(ii) Committees.—The committees referred to in clause (i) are the Committee on Education and the Workforce of the House of Representatives and the Committee on Labor and Human Resources of the Senate.”

Subsecs. (h) to (m). Pub. L. 110–134, § 20(5), added subsecs. (h) to (m) and struck out former subsec. (h) which related to quality improvement study.

1998—Subsec. (c)(3). Pub. L. 105–244 substituted “section 1001” for “section 1141(a)”.

Subsec. (d). Pub. L. 105–285, § 116(1)(E), inserted concluding provisions.

Subsec. (d)(2) to (8). Pub. L. 105–285, § 116(1)(C), (D), added par. (2) and redesignated former pars. (2) to (7) as (3) to (8), respectively.

Subsec. (d)(9), (10). Pub. L. 105–285, § 116(1)(A), (B), (E), added pars. (9) and (10).

Subsecs. (g), (h). Pub. L. 105–285, § 116(2), added subsecs. (g) and (h).

1994—Pub. L. 103–252 substituted “Research, demonstrations, and evaluation” for “Research, demonstration, pilot projects, studies, and reports” in section catchline and amended text generally, substituting provisions requiring Secretary to conduct a research, demonstration, and evaluation program to continually improve Head Start programs and develop innovative ways to further purposes of this subchapter, consult with others on the program, consider longitudinal studies in developing priorities for program, and ensure all products of program become United States property and defining objectives of program, for provisions authorizing the Secretary to provide financial assistance through contracts and grants for research, demonstration or pilot projects to develop new approaches to further purposes of this subchapter, directing Secretary to establish plan for approval of such projects, restricting combination of funds appropriated under this subchapter with other appropriations to make a single grant, requiring Secretary to conduct study of approaches to provide early, continuous, and comprehensive intervention to low-income or at-risk children and study of family day care in compliance with performance standards and to report results of studies to Congress.

1990—Pub. L. 101–501, § 117(a)(1), substituted “Research, demonstration, pilot projects, studies, and reports” for “Research, demonstration, and pilot projects” in section catchline.

Subsecs. (d) to (f). Pub. L. 101–501, § 117(a)(2), added subsecs. (d) to (f).

1984—Subsec. (c). Pub. L. 98–558 added subsec. (c).

### Statutory Notes and Related Subsidiaries

### Change of Name

Committee on Education and Labor of House of Representatives changed to Committee on Education and the Workforce of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.

### Effective Date of 1998 Amendment

Amendment by Pub. L. 105–244 effective Oct. 1, 1998, except as otherwise provided in Pub. L. 105–244, see section 3 of Pub. L. 105–244, set out as a note under section 1001 of Title 20, Education.

### 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.

### Study of Full-Day and Full-Year Head Start Programs

Pub. L. 103–252, title I, § 126, May 18, 1994, 108 Stat. 650, directed Secretary of Health and Human Services to conduct a study of extent to which Head Start programs address the need for Head Start services during a full working day or full calendar year among eligible low-income families with preschool children and to submit a report to Congress not later than Jan. 31, 1997.