Administrative Policy

Administrative policy is how laws are implemented in practice.

Public Comment Period Ends for Head Start Notice of Proposed Rulemaking (NPRM)

The 60-day public comment period on the Federal Notice of Proposed Rulemaking (NPRM) titled “Reducing Federal Burden for Head Start Programs” closed on October 6. Over 40,000 comments were submitted, a great many reflecting deep concern over the proposals to drastically reduce and restructure federal regulation of Head Start. If these provisions are adopted, they have the potential to significantly undercut the proven impact of the program by removing federal-level guidance, requirements and oversight that ensure the quality, accountability and consistency of Head Start services.

What Happens Next: The Administration for Children and Families (ACF) is obligated to review public comments before issuing a Final Rule. When the Final Rule is released, it must include a preamble explaining the intent of the rule and responding to major themes raised in the public comments. Until a Final Rule is issued and put into effect, Head Start will continue to operate under its current structure and standards.

What You Can Do: While it is no longer possible to submit comments on the NPRM, Early Futures Partnership encourages Nebraskans to continue to learn about the provisions in “Reducing Federal Burden for Head Start Programs” and how they could negatively affect Head Start services in Nebraska and nationwide.

• Federal Register | Reducing Federal Burden for Head Start Programs: Complete text of the NPRM.
• Early Futures Partnership’s Submitted Comment on the NPRM
• Early Futures Partnership’s Letter to Nebraska’s Federal Delegates: Our statement of opposition to the proposed rule change.
• FFN’s Head Start NPRM Summary: An outline of the key elements of the NPRM.
• “Fewer Rules Cannot Mean Fewer Results”: The National Head Start Association’s Comment on the NPRM

Because October is Head Start Awareness Month, we especially encourage advocates to follow the National Head Start Association on social media and share messages about the importance of comprehensive, high-quality Head Start services for children and families.

State Administrative Policy 

At the state level, the Legislature is responsible for passing laws, and state agencies, such as the Nebraska Department of Health and Human Services and the Nebraska Department of Education, implement them.

State Administrative Policy Includes:

• Implementing federal requirements (CCDF, Medicaid)
• Implementing state statutes
• Remove state budget constraints
• Governor’s administrative priorities

State Administrative Policy Process:

1. Agency drafts proposed rules or guidance
2. Public notice is issued
3. Public comment and/or hearings occur
4. Rules are finalized and implemented

Federal Administrative Policy 

At the federal level, Congress passes laws, but agencies like the U.S. Department of Health and Human Services, Administration for Children and Families (ACF) and others are responsible for implementing them. 

Federal Administrative Policy Includes:

• Federal regulations (rules)
• Guidance and policy memos
• Program instructions and grant rules
• Oversight and compliance standards

The process is governed by the Administrative Procedure Act and works like this:

1.  An agency publishes a notice of proposed rulemaking (NPRM)
2.  Public comment period opens (often 30-60 days)
3.  Agency reviews comments and may revise
4.  Final rule is published and takes effect (takes at least 30 days for it to become effective)

A great example of this process is illustrated through a recent proposed rule change from the Department of Health and Human Services, Administration for Children and Families which would amend Child Care and Development Fund (CCDF) regulations. Check out our blog post, “New CCDF Proposed Rule: What it Does and How to Make an Online Comment,” for more information on this particular rule change.