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42 U.S. Code § 9840. Participation in Head Start programs
(a) Criteria for eligibility
(a)
(1)
(A)
[1] The Secretary shall by regulation prescribe eligibility for the participation of persons in Head Start programs assisted under this subchapter.
(B) Except as provided in paragraph (2), such regulation shall provide—
(i)
that children from low-income families shall be eligible for participation in programs assisted under this subchapter if their families’ incomes are below the poverty line, or if their families are eligible or, in the absence of child care, would potentially be eligible for public assistance;
(ii)
that homeless children shall be deemed to be eligible for such participation;
(iii) that programs assisted under this subchapter may include—
(I)
to a reasonable extent (but not to exceed 10 percent of participants), participation of children in the area served who would benefit from such programs but who are not eligible under clause (i) or (ii); and
(II) from the area served, an additional 35 percent of participants who are not eligible under clause (i) or (ii) and whose families have incomes below 130 percent of the poverty line, 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 eligible under clause (i) or (ii) (or subclause (I) if the child involved has a disability) prior to meeting the needs of children eligible under this subclause; and
(bb)
in prioritizing the selection of children to be served, the Head Start agency establishes criteria that provide that the agency will serve children eligible under clause (i) or (ii) prior to serving the children eligible under this subclause;
(iv) that any Head Start agency serving children eligible under clause (iii)(II) shall report annually to the Secretary information on—
(I)
how such agency is meeting the needs of children eligible under clause (i) or (ii), in the area served, including local demographic data on families of children eligible under clause (i) or (ii);
(II)
the outreach and enrollment policies and procedures established by the agency that ensure the agency is meeting the needs of children eligible under clause (i) or (ii) (or clause (iii)(I) if the child involved has a disability) prior to meeting the needs of children eligible under clause (iii)(II);
(III)
the efforts, including outreach efforts (that are appropriate to the community involved), of such agency to be fully enrolled with children eligible under clause (i) or (ii);
(IV)
the policies, procedures, and selection criteria such agency is implementing to serve eligible children, consistent with clause (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 served by the agency, disaggregated by whether such children are eligible under clause (i), clause (ii), clause (iii)(I), or clause (iii)(II); and
(VII)
the eligibility criteria category of the children on the agency’s waiting list;
(v)
that a child who has been determined to meet the eligibility criteria described in this subparagraph and who is participating in a Head Start program in a program year shall be considered to continue to meet the eligibility criteria through the end of the succeeding program year.
(C)
In determining, for purposes of this paragraph, whether a child who has applied for enrollment in a Head Start program meets the eligibility criteria, an entity may consider evidence of family income 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 at the time of application.