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Mitigating the Spread of COVID-19 in Head Start Programs rule (2023)

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The Mitigating the Spread of COVID-19 in Head Start Programs rule is a significant rule issued by the Office of Head Start (OHS), Administration for Children and Families (ACF), U.S. Department of Health and Human Services (HHS) effective January 6, 2023, that removed the universal masking mandate of anyone 2 years old or older in Head Start Programs. This rule is pursuant to the Head Start Act.[1]

HIGHLIGHTS
  • Name: Mitigating the Spread of COVID-19 in Head Start Programs
  • Agency: Office of Head Start (OHS), Administration for Children and Families (ACF), U.S. Department of Health and Human Services (HHS)
  • Action: Final rule
  • Type of significant rule: Other significant rule

    • Timeline

    The following timeline details key rulemaking activity:

    • January 6, 2023: ACF issued the final rule and it took effect.[1]
    • December 30, 2021: ACF closed the comment period.[1]
    • November 30, 2021: ACF issued an interim final rule to mitigate the spread of COVID-19 in Head Start Programs requiring universal masking, vaccination, and testing for the SARS-CoV-2 virus and opened the comment period.[1]

    Background

    In 2021, the ACF issued the Vaccine and Mask Requirements To Mitigate the Spread of COVID-19 in Head Start Programs rule (2021) rule, instituting a vaccination, masking, and COVID-19 testing requirement for employees of Head Start Programs. The rule aimed to mitigate COVID-19 infection rates in Head Start Programs. Since the rule was issued, the U.S. Centers for Disease Control and Prevention issued new guidance surrounding public health measures as the COVID-19 infection and death rates tapered and they learned more about SARS-CoV-2. In 2023, the ACF considered the CDC's most recent guidelines and subsequently removed the universal masking policy for Head Start Programs.

    Summary of the rule

    The following is a summary of the rule from the rule's entry in the Federal Register:

    “ This final rule removes the requirement for universal masking for all individuals ages 2 and older. This final rule requires that Head Start programs have an evidence-based COVID-19 mitigation policy, developed in consultation with their Health Services Advisory Committee. This final rule does not address the vaccination and testing requirement, which is still under review. The vaccine requirement remains in effect.[1][2] ”

    Summary of provisions

    The following is a summary of the provisions from the rule's entry in the Federal Register:[1]

    “

    In brief, this final rule:

    (1) removes the requirement of universal masking for all individuals 2 years of age and older when they are with two or more individuals in a vehicle owned, leased, or arranged by the Head Start program; when they are indoors in a setting where Head Start services are provided; and, for those not fully vaccinated, outdoors in crowded settings or during activities that involve close contact with other people.

    (2) requires Head Start programs to have an evidence-based COVID-19 mitigation policy developed in consultation with their Health Services Advisory Committee (HSAC).[2]

    		”

    Significant impact

    See also: Significant regulatory action

    Executive Order 12866, issued by President Bill Clinton (D) in 1993, directed the Office of Management and Budget (OMB) to determine which agency rules qualify as significant rules and thus are subject to OMB review.

    Significant rules have had or might have a large impact on the economy, environment, public health, or state or local governments. These actions may also conflict with other rules or presidential priorities. Executive Order 12866 further defined an economically significant rule as a significant rule with an associated economic impact of $100 million or more. Executive Order 14094, issued by President Joe Biden (D) on April 6, 2023, made changes to Executive Order 12866, including referring to economically significant rules as section 3(f)(1) significant rules and raising the monetary threshold for economic significance to $200 million or more.[1]


    The text of the Mitigating the Spread of COVID-19 in Head Start Programs rule states that OMB deemed this rule significant, but not economically significant:

    “ We believe, and OIRA has determined, that this final rule is a significant regulatory action as defined by Executive Order 12866. Thus, this rule has been reviewed by the Office of Information and Regulatory Affairs.

    The Regulatory Flexibility Act requires us to analyze regulatory options that would minimize any significant impact of a rule on small entities. Because the impacts to small entities attributable to the final rule are cost savings, this analysis concludes, and we certify that the final rule will not have a significant economic impact on a substantial number of small entities.[2]

    		”

    Text of the rule

    The full text of the rule is available below:[1]

    See also

    External links

    Footnotes

    1. ↑ 1.0 1.1 1.2 1.3 1.4 1.5 1.6 1.7 Cite error: Invalid <ref> tag; no text was provided for refs named rule
    2. ↑ 2.0 2.1 2.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
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