New Head Start Eligibility for Children in Tribal Programs FAQs
Find answers to FAQs shared with Office of Head Start (OHS) leadership during this webinar. Learn about how the eligibility provisions outlined in ACF-OHS-PI-24-03 impact American Indian and Alaska Native (AIAN) programs.
What are the eligibility requirements for children and families in AIAN Head Start programs?
Following the passage of the Further Consolidated Appropriations Act, 2024 (Public Law 118-47) (the Act) on March 23, 2024, all families in an AIAN program’s service area with age-eligible children, or pregnant women or pregnant people, are eligible for Head Start services regardless of income.
Do families need to live on the reservation to be eligible for AIAN Head Start services?
No. Families do not need to live on the reservation to be eligible, but they must be within an AIAN program’s service area.
Does this new eligibility provision apply to non-tribal families that are in an AIAN program’s service area?
Yes. Non-AIAN families, inclusive of families who are not tribal members, are eligible so long as they are in an AIAN program’s service area.
Do programs still need to collect income information from families?
AIAN programs are no longer required to collect or maintain income information from families for the purposes of eligibility. However, programs are still required to establish and use selection criteria to support enrollment of families most in need for services, per 45 CFR §1302.14. An AIAN program would only need to collect family income information if, at its discretion, it chooses to include family income as part of its own selection criteria to support making determinations regarding families most in need.
How does this new provision affect the over-income eligibility allowance for tribal programs?
Historically, if a tribal program served all eligible children and pregnant women and pregnant people in the service area who wished to be enrolled, the program was able to fill up to 49% of slots with families with income above the poverty line. Considering this new legislative change, all families in a tribal Head Start program’s service area with age-eligible children, or pregnant women and pregnant people, are now eligible for Head Start services regardless of income.
Due to this statutory change, the Head Start Program Performance Standards (HSPPS) on eligibility now reflect some outdated requirements. For example, Determining, verifying, and documenting eligibility, 45 CFR §1302.12(e) references the over-income allowance for tribal programs. To update the HSPPS, the Office of Head Start (OHS) must engage in a rulemaking process. In the interim, where there is misalignment between Section 238 of the Act and existing HSPPS eligibility requirements, AIAN programs should follow the new statutory provision in Section 238. If programs have any questions about whether an existing requirement in the HSPPS still applies, they should reach out to AIANHeadStart at acf dot hhs dot gov.
How will programs report children’s eligibility in question A.13 in the 2023–2024 Program Information Report (PIR)?
For the 2023–2024 program year, children enrolled in AIAN programs after the Act was passed may be reported under PIR question A.13.e, “eligibility based on other type of need.” There is no limit on the number of children reported in this category on the PIR form.
How does this new provision affect categorical eligibility (e.g., families who receive public assistance, families experiencing homelessness, and children in foster care)?
All families in an AIAN Head Start program’s service area with age-eligible children, or pregnant women or pregnant people, are now eligible for Head Start services. This includes families who receive public assistance, are experiencing homelessness, and have children in foster care. AIAN programs are still required to annually establish selection criteria to enroll children in their service area who would benefit most from Head Start services, such as families in these circumstances, and to report data on these families as required in Section C of the PIR form.
Does this mean all families in an AIAN program’s service area are guaranteed placement in a Head Start program?
No. Eligible applicants are not guaranteed enrollment in a program. In accordance with the Head Start regulations at 45 CFR §§1302.14 and 1302.11(b), AIAN programs are still required to annually establish selection criteria to enroll children in their service area who would benefit most from Head Start services. These selection criteria must weigh the prioritization of participants based on needs identified in the community assessment.
How will AIAN programs verify eligibility?
AIAN programs are no longer required to verify eligibility based on income or maintain income eligibility records (45 CFR §1302.12(i),(k)). However, if an AIAN program chooses to use income as criteria for prioritizing children to enroll in Head Start services, they must have a method for documenting income.
Due to this statutory change, the HSPPS on eligibility now reflect some outdated requirements. To update the HSPPS, OHS must engage in a rulemaking process. In the interim, where there is misalignment between Section 238 of the Act and existing HSPPS eligibility requirements, AIAN programs should follow the new statutory provision in Section 238. If programs have any questions about whether an existing requirement in the HSPPS still applies, they should reach out to AIANHeadStart at acf dot hhs dot gov.
Do AIAN programs need to develop a revised eligibility verification form?
No. Because AIAN programs are no longer required to verify eligibility based on income or maintain income eligibility records (45 CFR §1302.12(i),(k)), they do not need to develop or use a revised eligibility verification form to collect income information. They do, however, still need to verify a child’s age eligibility (45 CFR §1302.12(b)).
Are programs still required to follow other requirements for eligibility, recruitment, selection, enrollment, and attendance (ERSEA)?
Yes. While this new law changes eligibility requirements, other HSPPS around ERSEA remain in effect. For example, programs must still adhere to age eligibility requirements (45 CFR §1302.12(b)). Per 45 CFR §1302.13, programs must develop and implement a recruitment process designed to actively inform all families within the recruitment area of the availability of program services and to encourage and assist them in applying for admission. Per 45 CFR §§1302.14 and 1302.11(b), AIAN programs are still required to annually establish selection criteria to enroll children in their service area who would benefit most from Head Start services. Existing enrollment (45 CFR §1302.15) and attendance regulations also remain.
If programs have any questions about whether an existing requirement in the HSPPS still applies, they should reach out to AIANHeadStart at acf dot hhs dot gov.
Per Section 238 of the Act and ACF-OHS-PI-24-03, “selection criteria may, at the program’s discretion, include prioritizing children in families where a child, a family member, or a member of the same household is a member of an Indian tribe.” What does this mean?
As part of its selection criteria, AIAN programs have the option to explicitly include the prioritization of children in families where a child, family member, or household member is a member of an Indian tribe. Tribal membership enrollment criteria are outlined in tribal constitutions, articles of incorporation, or ordinances. The criteria vary from tribe to tribe, so uniform membership requirements do not exist. Tribes have the authority to define their tribal membership requirements and how they will use those requirements for Head Start selection criteria.
Because programs have always had the discretion to design their selection criteria, they have always had the option to prioritize children with a connection to an Indian tribe. The new provision emphasizes this option. AIAN programs do not have to makes changes to their selection criteria to include this language.
Following this new statute, are programs required to update their selection criteria?
No, but they may choose to do so.
If a program chooses to update their selection criteria, do they need to get approval from their OHS Regional Office to make the change?
No. It is not required for programs to get approval from their OHS Regional Office to make a change to their selection criteria. However, programs must engage in consultation with and obtain approval from its governing body and Policy Council. Once these approvals are obtained, the program can then begin using the updated criteria. Programs are encouraged to reach out to their assigned OHS program specialist, who can help support the process and answer any questions they might have. Additionally, all programs must include their selection criteria in their annual refunding application.
This new law significantly increases the number of children who are eligible in our community. Will we receive more funding to serve additional slots?
No. There is no additional funding attached to this legislative change. OHS hopes that by expanding eligibility to more families, tribes will have the flexibility, based on their community assessment, to better meet the unique needs of children and families in their service area.
Because programs must fill any vacancy within 30 calendar days (45 CFR §1302.15(a)), programs are required to maintain an active waitlist (45 CFR §1302.14(c)) to serve families as soon as possible if a slot becomes available.
How will this new provision impact programs in the Full Enrollment Initiative (FEI)?
Programs with four or more consecutive months of underenrollment in any Head Start or Early Head Start program will receive an Underenrollment Letter from the Regional Office, which starts the FEI process. While in the FEI, programs must develop, in collaboration with OHS , a 12-month plan for reducing and ultimately eliminating underenrollment.
To allow time to implement this new law, and in understanding that a program’s enrollment status may be affected by this change, OHS is extending flexibility to AIAN recipients in the FEI.
Will this new provision impact Change in Scope (CiS) applications?
This new eligibility provision will not affect CiS applications that have already been approved and implemented. Programs should reach out to their Regional Office with questions about a CiS request that is currently pending.
How will this new provision affect monitoring?
Recipients with upcoming fiscal year (FY) 2024 monitoring reviews will be monitored according to these changes to AIAN eligibility policy. FY 2025 monitoring protocols will reflect these changes.
How long does this new income eligibility provision last?
This new income eligibility provision applies this fiscal year and for all future years, as specified in the Act.
Does this new eligibility provision apply to non-tribal Head Start programs who serve AIAN families?
No. This law is specific to AIAN programs in Region XI — programs designated by an Indian tribe to operate on its behalf. If an AIAN family seeks to be served in a non-AIAN Head Start program (in Regions I–X), they must adhere to “standard” eligibility requirements for Head Start services, as outlined in 45 CFR §1302.12.
Does the new eligibility provision impact the “training on eligibility” regulations under 45 CFR §1302.12(m)?
The regulations at 45 CFR §1302.12(m) are still required for AIAN programs; however, they will look different in implementation, due to the new eligibility provision. For example, 45 CFR 1302.12(m)(i) requires programs to train all governing body, Policy Council, management, and staff who determine eligibility on applicable federal regulations and program policies and procedures. This training must include “methods on how to collect complete and accurate eligibility information from families and third-party sources.” Because all families in an AIAN Head Start program’s service area with age-eligible children, or pregnant women and pregnant people, are now eligible for enrollment, programs only need to collect information related to a child’s age, and train relevant staff accordingly to satisfy this requirement.
As a reminder, per 45 CFR §1302.12(h), program’s policies and procedures cannot require families to provide documents that confirm a child’s age, if doing so creates a barrier for the family to enroll the child.
Does the new eligibility provision impact the “continuity of enrollment” regulations under 45 CFR 1302.15(b)(2)?
The regulations at 45 CFR §1302.15(b)(2) are no longer fully applicable for AIAN programs. AIAN programs do not have to verify family income for the purposes of eligibility at any time, including for maintaining enrollment for a third year, which still can be done under exceptional circumstances.
Additionally, the eligibility duration regulations at 45 CFR §1302.12(j)(3) are no longer applicable for AIAN programs. In an AIAN program, if a child moves from Early Head Start to Head Start services, program staff do not need to verify the family’s eligibility again, since age-eligibility will not change. Again, income does not need to be verified for eligibility at any time.