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Removal of the Vaccine Requirements for Head Start Programs rule (2023)

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The Removal of the Vaccine Requirements for 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 June 26, 2023, that removed vaccination and testing requirements for Head Start staff. This rule is pursuant to the Public Health Service Act, coming after President Joe Biden (D) ended the national emergency surrounding the COVID-19 pandemic on April 10, 2023. [1]

HIGHLIGHTS
  • Name: Removal of the Vaccine Requirements for 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:

    Background

    In 2021, ACF issued the Vaccine and Mask Requirements To Mitigate the Spread of COVID-19 in Head Start Programs rule (2021), 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. The United States District Court for the Northern District of Texas' decision in March 2023 to vacate the Vaccine and Mask Requirements To Mitigate the Spread of COVID-19 in Head Start Programs rule (2021) caused the ACF to revisit this rule; ACF also reviewed comments received after the rule took effect. On April 10, 2023, President Joe Biden ended the national emergency surrounding the COVID-19 pandemic. ACF issued the final rule to remove vaccination and testing requirements on June 26, 2023.[1]

    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 vaccine and testing requirements included in the Interim Final Rule with Comment Period (IFC) titled, “Vaccine and Mask Requirements To Mitigate the Spread of COVID–19 in Head Start Programs,” which the Administration for Children and Families published on November 30, 2021. Specifically, this rescission removes the requirement from the Head Start Program Performance Standards (HSPPS) that all Head Start staff, contractors whose activities involve contact with or providing direct services to children and families, and volunteers working in classrooms or directly with children are fully vaccinated for COVID–19. The associated HSPPS requirement that staff who are exempt from the vaccination requirement have “at least weekly” COVID–19 testing is also removed.[1][2] ”

    Summary of provisions

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

    “ The purpose of this regulatory action is to remove the COVID–19 vaccination and testing requirements established by the Interim Final Rule with Comment Period (IFC), Vaccine and Mask Requirements to Mitigate the Spread of COVID–19 in Head Start Programs, which ACF issued on November 30, 2021 (86 FR 68052), from the Head Start Program Performance Standards (HSPPS). Specifically, this final rule removes the requirement that all Head Start staff, contractors whose activities involve contact with or providing direct services to children and families, and volunteers working in classrooms or directly with children are fully vaccinated for COVID–19. Accordingly, the removal of the vaccine requirement also removes the related “at least weekly testing” requirement that staff who are granted an exemption from the vaccine requirement undergo. These requirements are no longer part of the HSPPS.[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 Removal of the Vaccine Requirements for Head Start Programs states that OMB deemed this rule significant, but not economically significant:

    “ We believe 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 the Secretary certifies, 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 1.8 Federal Register, "Removal of the Vaccine Requirements for Head Start Programs", November 14, 2023.
    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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