C.F.R. » Title 45 » CHAPTER XIII—ADMINISTRATION FOR CHILDREN AND FAMILIES, DEPARTMENT OF HEALTH AND HUMAN SERVICES › SUBCHAPTER B—THE ADMINISTRATION FOR CHILDREN AND FAMILIES, HEAD START PROGRAM › PART 1302—PROGRAM OPERATIONS › Subpart A—Eligibility, Recruitment, Selection, Enrollment, and Attendance

45 C.F.R. § 1302.15

Enrollment

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(a) Funded enrollment. A program must maintain its funded enrollment level and fill any vacancy as soon as possible. A program must fill any vacancy within 30 days.

(b) Continuity of enrollment. (1) A program must make efforts to maintain enrollment of eligible children for the following year.

(2) Under exceptional circumstances, a program may maintain a child's enrollment in Head Start Preschool for a third year, provided that family income is verified again. A program may maintain a child's enrollment in Early Head Start as described in § 1302.12(j)(2).

(3) If a program serves homeless children or children in foster care, it must make efforts to maintain the child's enrollment regardless of whether the family or child moves to a different service area, or transition the child to a program in a different service area, as required in § 1302.72(a), according to the family's needs.

(c) Reserved slots. If a program determines from the community assessment there are families experiencing homelessness in the area, or children in foster care that could benefit from services, the program may reserve one or more enrollment slots for pregnant women and children experiencing homelessness and children in foster care, when a vacancy occurs. No more than three percent of a program's funded enrollment slots may be reserved. If the reserved enrollment slot is not filled within 30 days, the enrollment slot becomes vacant and then must be filled in accordance with paragraph (a) of this section.

(d) Other enrollment. Children from diverse economic backgrounds who are funded with other sources, including private pay, are not considered part of a program's eligible funded enrollment.

(e) State immunization enrollment requirements. A program must comply with state immunization enrollment and attendance requirements, with the exception of homeless children as described in § 1302.16(c)(1).

(f) Voluntary parent participation. Parent participation in any program activity is voluntary, including consent for data sharing, and is not required as a condition of the child's enrollment.

(g) User-friendly enrollment process. A program must regularly examine their enrollment processes and implement any identified improvements to streamline the enrollment experience for families.

[81 FR 61412, Sept. 6, 2016, as amended at 89 FR 67808, Aug. 21, 2024]
Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2019–2022 · leading case: Livingston Educ. Serv. v. Xavier Becerra, 35 F.4th 489 (6th Cir. 2022).
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Livingston Educ. Serv. v. Xavier Becerra, 35 F.4th 489 (6th Cir. 2022). “Furthermore, since 2016 Head Start regulations have required programs to “comply with state immunization enrollment and attendance requirements,” 45 C.F.R. § 1302.15 (e), and programs must evaluate whether newly-enrolled children comply with the “immunization recommendations…”
Lewis v. Honolulu Cmty. Action Prog., Inc. (D. Haw. 2019). “” 45 C.F.R. § 1302.15 (a). And it “must make efforts to maintain enrollment of eligible children for the following year.”
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