Page:United States Statutes at Large Volume 88 Part 2.djvu/988

 2304

PUBLIC LAW 93-644-JAN. 4, 1975

[88

STAT.

whenever he determines that such a waiver is necessary in order to carry out the purposes of the Act. Rules and reg"(c) The Secretary shall prescribe rules or regulations to suppleulations. ment subsection (a) of this section, which shall be binding on all agencies carrying on Headstart program activities with financial assistance under this part. H e may, where appropriate, establish special or simplified requirements for smaller agencies or agencies operating in rural areas. Policies and procedures shall be established to insure that indirect costs attributable to the common or joint use of facilities and services by programs assisted under this part and other programs shall be fairly allocated among the various programs which utilize such facilities and services. • Jde'^a\''Re'°rste "^^^ ^ ^ l^sist thirty days prior to their effective date, all rules, egis er. j-^g^jQj^g^ guideliues, instructions, and application forms shall be published in the Federal Register and shall be sent to each grantee with the notification that each such grantee has the right to submit comments pertaining thereto to the Secretary prior to the final adoption thereof. "PARTICIPATION IN HEADSTART PROGRAMS

42 USC 2 92 8g.

"SEC. 518. (a) The Secretary shall by regulation prescribe eligibility for the participation of persons in Headstart programs assisted under this part. Such criteria may provide (1) that children from low-income families shall be eligible for participation in programs assisted under this part if their families are below the poverty line, or if their families are eligible or in the absence of child care would potentially be eligible for public assistance; and (2) pursuant to such regulations as the Secretary shall prescribe that programs assisted under this part may include, to a reasonable extent, participation of children in the area served who would benefit from such programs but whose families do not meet the low-income criteria prescribed pursuant to clause (1). "(b) The Secretary shall not prescribe any fee schedule or otherwise provide for the charging of any fees for participation in Headstart programs, unless such fees are authorized by legislation hereafter enacted. Nothing in this subsection shall be construed to prevent the families of children who participate in Headstart programs and who. are willing and able to pay the full cost of such participation from doing so. "APPEALS, NOTICE, AND HEARING

42 USC 2 928h.

"SEC. 519. The Secretary shall prescribe procedures to assure that— "(1) special notice of and an opportunity for a timely and expeditious appeal to the Secretary will be provided for an agency or organization which desires to serve as a delegate agency under this part and whose application to the Headstart agency has been wholly or substantially rejected or has not been acted upon within a period of time deemed reasonable by the Secretary, in accordance with regulations which he shall prescribe; "(2) financial assistance under this part shall not be suspended, except in emergency situations, unless the recipient agency has been given reasonable notice and opportunity to show cause why such action should not be taken; and "(3) financial assistance under this part shall not be terminated, an application for refunding shall not be denied, and a suspension of financial assistance shall not be continued for longer than thirty days, unless the recipient has been afforded reasonable notice and opportunity for a full and fair hearing.

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