Page:United States Statutes at Large Volume 121.djvu/1421

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[121 STAT. 1400]
[121 STAT. 1400]
PUBLIC LAW 110-000—MMMM. DD, 2007

121 STAT. 1400

PUBLIC LAW 110–134—DEC. 12, 2007

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or an other individual with relevant expertise, with the qualifications described in that clause, who shall work directly with the governing body. ‘‘(C) CONFLICT OF INTEREST.—Members of the governing body shall— ‘‘(i) not have a financial conflict of interest with the Head Start agency (including any delegate agency); ‘‘(ii) not receive compensation for serving on the governing body or for providing services to the Head Start agency; ‘‘(iii) not be employed, nor shall members of their immediate family be employed, by the Head Start agency (including any delegate agency); and ‘‘(iv) operate as an entity independent of staff employed by the Head Start agency. ‘‘(D) EXCEPTION.—If an individual holds a position as a result of public election or political appointment, and such position carries with it a concurrent appointment to serve as a member of a Head Start agency governing body, and such individual has any conflict of interest described in clause (ii) or (iii) of subparagraph (C)— ‘‘(i) such individual shall not be prohibited from serving on such body and the Head Start agency shall report such conflict to the Secretary; and ‘‘(ii) if the position held as a result of public election or political appointment provides compensation, such individual shall not be prohibited from receiving such compensation. ‘‘(E) RESPONSIBILITIES.—The governing body shall— ‘‘(i) have legal and fiscal responsibility for administering and overseeing programs under this subchapter, including the safeguarding of Federal funds; ‘‘(ii) adopt practices that assure active, independent, and informed governance of the Head Start agency, including practices consistent with subsection (d)(1), and fully participate in the development, planning, and evaluation of the Head Start programs involved; ‘‘(iii) be responsible for ensuring compliance with Federal laws (including regulations) and applicable State, tribal, and local laws (including regulations); and ‘‘(iv) be responsible for other activities, including— ‘‘(I) selecting delegate agencies and the service areas for such agencies; ‘‘(II) establishing procedures and criteria for recruitment, selection, and enrollment of children; ‘‘(III) reviewing all applications for funding and amendments to applications for funding for programs under this subchapter; ‘‘(IV) establishing procedures and guidelines for accessing and collecting information described in subsection (d)(2); ‘‘(V) reviewing and approving all major policies of the agency, including— ‘‘(aa) the annual self-assessment and financial audit;

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