State Of Play: Rules and Regulations
As part of a “Child Care Reform Package” released on May 11, the Administration issued four separate policy actions: a Head Start Notice of Proposed Rulemaking (NPRM), the Child Care and Development Fund (CCDF) Final Rule, a Temporary Assistance for Need Families (TANF) Information Memorandum, and a CCDF Dear Colleague Letter.
These documents serve different purposes, ranging from proposing and finalizing regulatory changes to providing guidance and policy recommendations.
Background
Reauthorization vs. Regulation
- Reauthorization: A process through which Congress provides structural updates and policy reforms to improve a program through legislation. Federal programs including Head Start and the Child Care and Development Block Grant (CCDBG), are typically reauthorized every five years – though programs can, and often do, function with expired authorizations because they can continue through annual funding decisions made by Congress.
- Regulation: Rules written by administration officials to explain “how” to carry out the mandates established by laws. Regulations help fill technical gaps when interpreting statute, but relying solely on regulation to adapt policy can leave programs outdated and vulnerable to shifting administrative priorities across administrations.
- CCDBG was last reauthorized by Congress in 2014 (authorization expired in 2020). Head Start was last reauthorized by Congress in 2007 (authorization expired in 2012).
- https://www.regulations.gov/learn has more information.
Overview: Notice of Proposed Rulemaking (NPRM)
- An NPRM (Notice of Proposed Rulemaking) is a formal announcement published in the Federal Register when a Federal Agency intends to add to, remove from, or otherwise change policy through a rule or regulation.
- Interested parties then have a set number of days (usually 30 or 60) to submit public comments, after which the agency is required to review and analyze all comments.
- After considering all comments, the agency issues a Final Rule including a “preamble” explaining the rule’s purpose and responding to major public concerns.
Published in the Federal Register, May 11, 2026
Head Start Notice of Proposed Rulemaking (NPRM)
Restoring Flexibility to Support Head Start Program Access, a proposed rule by the Department of Health And Human Services, Administration for Children and Families.
WHAT’S INCLUDED: The NPRM removes requirements that were effective October 1, 2024, related to wages (to be implemented by August 1, 2031) and benefits (to be implemented by August 1, 2028) in the Head Start program. The following requirements are now proposed for elimination:
Rolling Back Wage Requirements, including:
- Developing or updating formal pay scales for all staff
- Paying education staff wages comparable to public preschool teachers
- Providing salaries sufficient to cover basic living costs
- Promoting wage comparability between Head Start Preschool and Early Head Start staff
Rolling Back Benefits Requirements, including:
- Health insurance and paid leave benefits
- Behavioral health supports
- Access to child care subsidies and student loan forgiveness
- Periodic reassessment of benefits packages
NOTE: The Following 2024 Requirements Are NOT Currently Proposed for Removal
The 5/11/26 NPRM explicitly states that other portions of the 2024 Head Start rule are not currently being rescinded, although HHS invites comments on whether additional changes should be considered later. These include:
- Mental health and wellness supports outside compensation mandates.
- Staff breaks and workforce wellness provisions not tied directly to compensation.
- Various program quality and operational changes.
- Most education, family engagement, and health requirements.
NEXT STEPS: Interested parties have 30 days to provide comments and feedback to the Administration for Children and Families, with instructions provided in the Federal Register.