121 STAT. 1364
PUBLIC LAW 110–134—DEC. 12, 2007 emotional functioning, creative arts, physical skills, and approaches to learning; and ‘‘(2) through the provision to low-income children and their families of health, educational, nutritional, social, and other services that are determined, based on family needs assessments, to be necessary.’’.
SEC. 3. DEFINITIONS.
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(a) IN GENERAL.—Section 637 of the Head Start Act (42 U.S.C. 9832) is amended— (1) in paragraph (2), by inserting ‘‘(including a communitybased organization, as defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801))’’ after ‘‘nonprofit’’; (2) in paragraph (3)(C), by inserting ‘‘, and financial literacy.’’ after ‘‘self-sufficiency’’; (3) in paragraph (12), by striking ‘‘migrant and seasonal Head Start program’’ and inserting ‘‘migrant or seasonal Head Start program’’; (4) by striking paragraph (17) and inserting the following: ‘‘(17) The term ‘State’ means a State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, American Samoa, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands. The term includes the Republic of Palau for fiscal years 2008 and 2009, and (if the legislation described in section 640(a)(2)(B)(v) has not been enacted by September 30, 2009) for fiscal years 2010 through 2012.’’; and (5) by adding at the end the following: ‘‘(18) The term ‘deficiency’ means— ‘‘(A) a systemic or substantial material failure of an agency in an area of performance that the Secretary determines involves— ‘‘(i) a threat to the health, safety, or civil rights of children or staff; ‘‘(ii) a denial to parents of the exercise of their full roles and responsibilities related to program operations; ‘‘(iii) a failure to comply with standards related to early childhood development and health services, family and community partnerships, or program design and management; ‘‘(iv) the misuse of funds received under this subchapter; ‘‘(v) loss of legal status (as determined by the Secretary) or financial viability, loss of permits, debarment from receiving Federal grants or contracts, or the improper use of Federal funds; or ‘‘(vi) failure to meet any other Federal or State requirement that the agency has shown an unwillingness or inability to correct, after notice from the Secretary, within the period specified; ‘‘(B) systemic or material failure of the governing body of an agency to fully exercise its legal and fiduciary responsibilities; or ‘‘(C) an unresolved area of noncompliance.
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