Recent Legal Developments in the Head Start World

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Recent Legal Developments in the Head Start World

• Edward T. Waters, Esq.
• Feldesman Tucker Leifer Fidell LLP
• 2001 L Street, NW
• Washington, DC 20036
• [phone]
• www.feldesmantucker.com

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Head Start ReauthorizationSenate Bill

• Recompetition every 5 years
• Underenrollment Sanctions
• Special Rules for Head Start
• Increasing burdens on outcomes, measures and so
  on.

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Hot IssuesHead Start Salaries

• Administrations latest attempt to disparage the
  Head Start Program
• Media fanfare e.g., San Antonio, KC Mo.
• ACFs Head Start Survey of Salaries and Other
  Compensation
• Inspector General/GAO Audits

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Hot IssuesHead Start Salaries, contd

• Prudent Steps in Setting Salaries
• Establish a formal process for setting salaries
• Wage comparability studies on a periodic basis
• Documentation showing what you did

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Hot Issues Other Topics

• Underenrollment
• Document Efforts
• Notice to ACF
• Health Care requirements
• Review Requirements
• Facilitate Access
• Demonstrating Compliance

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Hot Issues Other Topics

• Union Organizing
• Neutrality is not Required
• Review use of Federal funds

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From the Bench Recent Head Start Cases

• NHSA v. HHS Round 1
• NHSA v. HHS Round 2

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From the Bench Recent Head Start Cases, contd

• Federal cases
• Dubbs v. Head Start, (10th Circuit July 2003)
• Parental consent forms inadequate in securing
  consent for on-site medical examination of HS
  children.
• Parents Not Explicitly Informed of Exams

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From the Bench Recent Head Start Cases, contd

• Excerpt from Dubbs
• The failure to secure parental consent in this
  case appears to be the product of sloppy
  draftsmanship (with respect to the consent forms)
  and carelessness (with respect to notice) . . .

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Lessons LearnedDubbs

• Secure Parental Informed Consent
• State law specific
• Generally provide all relevant information so
  parent can make informed decision including
  timely notice
• Update parental forms at least once a year
• Language appropriate forms
• Only do what consent forms explicitly allow!

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From the Bench Recent Head Start Cases, contd

• DAB case
• Rincon San Luiseno Band of Mission Indians
• 106,524 disallowed for failure to meet
  non-federal matching requirements and failure to
  properly document expenditures

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From the Bench Recent Head Start Cases, contd

• DAB case
• Council of the Southern Mountains
• 11,635 disallowed for improper documentation of
  costs (costs which otherwise might have been
  allowable)

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Lessons Learned

• Program planning
• Documentation