1302 Funding - Module Two

This Head Start Standards Training Module includes parts of 1302.22 - 1302.32
Pages 102 - 103

Successful completion of this Programmed Learning Packet will provide you with 30 minutes of training.

 

45 CFR Ch. XIII (10–1–05 Edition)

 § 1302.23

date of change even though it may show financial viability, the grant shall be suspended or terminated or refunding shall be denied as of the date of change. If it appears reasonable to the responsible HHS official that the deficiency in legal status will be corrected within 30 days he may suspend the grant for not to exceed 30 days after the date of change or the date of submission of a timely request for amendment. If such correction has not been made within the 30 day period the grant shall be terminated.

§ 1302.23 Suspension or termination of grantee which shows legal status but not financial viability.

(a) If the date of change of financial viability precedes or will precede the end of the grantee’s program year the grant will be suspended or terminated  on that date, or, if a request for amendment  has been submitted under § 1302.21 of this part, upon written notice of disapproval of the requested amendment, whichever is later. If it appears reasonable to the responsible HHS official that the deficiency in financial viability will be corrected within 30 days he may suspend the grant for not to exceed 30 days after the date of change or notice of disapproval. If such correction has not been made within the 30 day period the grant will be terminated.

§ 1302.24 Denial of refunding of grantee.

(a) If the date of change will coincide with or will come after the end of the program year and the grantee has notice or knowledge of such change prior to the end of the program year any action taken to approve the grantee’s application for refunding for the following program year shall be subject to rescission or ratification depending upon the decision of the responsible HHS official on the grantee’s legal status and financial viability and on any  requested amendment submitted by the grantee. If the requested amendment is disapproved the responsible HHS official may extend the program year in accordance with § 1302.20(c) of this part.

(b) If the date of change coincides with the end of the program year and the grantee does not have notice or knowledge of

 

the change prior thereto and the grantee’s application for refunding for the following program year has been approved, such approval shall be subject to rescission or ratification depending upon the decision of the responsible HHS official on the grantee’s legal status and viability and on any requested financial amendment submitted by the grantee.

(c) If the date of change will coincide with or will come after the end of the program year and if the responsible HHS official has prior notice thereof from the grantee or other official source such as the Community Services  Administration action to approve any application for refunding submitted by the grantee shall be deferred pending decision by the responsible HHS official on the grantee’s legal status and financial viability and any requested amendment submitted by the grantee.

(d) When the responsible HHS official determines to approve a requested amendment for refunding he will approve it for the full term of the proposed program period, if that period as approved is no longer than a program year.

§ 1302.25 Control of funds of grantee scheduled for change.

Responsible HHS officials will place strict controls on the release of grant funds to grantees which are scheduled for change by cessation of their grants under section 519 of the Act. Specifically, the following controls will be established:

(a) Funds will be released on a monthly basis regardless of the form of grant payment.

(b) Funds released each month will be limited to the amount required to cover actual disbursements during that period for activities authorized under the approved Head Start program.

(c) The amount of funds released must be approved each month by the responsible HHS official.

Subpart D—Replacement of Indian Tribal Grantees

SOURCE: 63 FR 34329, June 24, 1998, unless otherwise noted.
102

Test Questions:

    Select the correct "True" or "False" option.
1.

When the responsible HHS official determines to approve a requested amendment for refunding he will approve it for the full term of the proposed program period.   (1302.24)
  True  
  False  
2.

An HHS officials will place strict controls on the release of grant funds to grantees which are scheduled for  cessation of their grants including  will be releasing funds on a quarterly basis regardless of the form of grant payment.  (1302.25)
  True  
  False  
Office of Human Development Services, HHS

§ 1302.32
§ 1302.30 Procedure for identification of alternative agency.

(a) An Indian tribe whose Head Start grant has been terminated, or which has been denied refunding as a Head Start grantee, may identify an agency and request the responsible HHS official to designate such agency as an alternative agency to provide Head Start services to the tribe if:

(1)

The tribe was the only agency that was receiving federal financial assistance to provide Head Start services  to members of the tribe; and
(2)

The tribe would be otherwise precluded from providing such services to its members because of the termination or denial of refunding.

(b)

(1)

The responsible HHS official, when notifying a tribal grantee of the intent to terminate financial assistance or deny its application for refunding, must notify the grantee that it may identify an agency and request that the agency serve as the alternative agency in the event that the grant is terminated or refunding denied.
(2)

The tribe must identify the alternate agency to the responsible HHS official, in writing, within the time for filing an appeal under 45 CFR Part 1303.
(3)

The responsible HHS official will notify the tribe, in writing, whether the alternative agency proposed by the tribe is found to be eligible for Head Start funding and capable of operating a Head Start program. If the alternative agency identified by the tribe is not an eligible agency capable of operating a Head Start program, the tribe will have 15 days from the date of the sending of the notification to that effect from the responsible HHS official to identify another agency and request that the agency be designated. The responsible HHS official will notify the tribe in writing whether the second proposed alternate agency is found to be an eligible agency capable of operating the Head Start program.
(4)

If the tribe does not identify a suitable alternative agency, a replacement grantee will be designated under these regulations.

(c) If the tribe appeals a termination of financial assistance or a denial of refunding, it will, consistent with the terms of 45 CFR Part 1303, continue to

be funded pending resolution of the appeal. However, the responsible HHS official and the grantee will proceed with the steps outlined in this regulation during the appeal process.

(d) If the tribe does not identify an agency and request that the agency be appointed as the alternative agency, the responsible HHS official will seek a permanent replacement grantee under these regulations.

§ 1302.31 Requirements of alternative agency.

The agency identified by the Indian tribe must establish that it meets all requirements established by the Head Start Act and these requirements for designation as a Head Start grantee and that it is capable of conducting a Head Start program. The responsible HHS official, in deciding whether to designate the proposed agency, will analyze the capacity and experience of the agency according to the criteria found in section 641(d) of the Head Start Act and §§ 1302.10 (b)(1) through (5) and 1302.11 of this part.

§ 1302.32 Alternative agency—prohibition.

(a) No agency will be designated as the alternative agency pursuant to this subpart if the agency includes an employee who:

(1)

Served on the administrative or program staff of the Indian tribal grantee, and
(2) Was responsible for a deficiency that:
  (i)

Relates to the performance standards or financial management standards described in the Head Start Act; and
  (ii)

Was the basis for the termination or denial of refunding described in § 1302.30 of this part.

(b) The responsible HHS official shall determine whether an employee was responsible for a deficiency within the meaning and context of this section.

 
103

Test Questions:

    Select the correct "True" or "False" option.
3.

An agency will be designated as the alternative agency pursuant to this subpart if the agency includes an employee who served on the administrative or program staff of the Indian tribal grantee.  (1302.32)
  True  
  False  
4.

No agency will be designated as the alternative agency pursuant to this subpart if the agency includes an employee who was responsible for a deficiency that was the basis for the termination or denial of refunding.  (1302.32)
  True  
  False  

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