HHS Releases Interim Final Rule on Vaccine Mandate for Head Start Programs

On November 30, the Department of Health and Human Services (HHS) released an interim final rule for vaccine and masking requirements for all Head Start programs. Effective immediately, all individuals ages 2 and older must wear a mask at all times. Exceptions to masking include when children are napping and individuals with disabilities who cannot safely wear a mask. Programs must make masks available to children.

By January 31, 2022, 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 must be vaccinated for COVID–19. Staff is defined as “paid adults who have responsibilities related to children and their families who are enrolled in programs.’’ The rule goes further to clarify that staff refers to all staff who work with enrolled Head Start children and families in any capacity regardless of funding source.

Although an individual is not considered fully vaccinated until 14 days (2 weeks) after the final dose, individuals impacted under the rule who have received the final dose of a primary vaccination series by January 31, 2022 are considered to have met the vaccination requirement, even if they have not yet completed the 14-day waiting period.

There are the usual exceptions to the vaccine mandate which include individuals who cannot get the vaccine due to a medical condition or disability and are who have a sincerely held religious belief that contradicts with getting the vaccine. Staff who cannot get vaccinated must undergo weekly testing.

The rule clarifies that the purchasing of masks and the costs associated with regular testing are allowable uses of Head Start and American Rescue Plan Funds.  

Additional requirements for Head Start programs under the rule:

Record-Keeping/Documentation: Head Start programs but maintain documentation of all staff vaccination statuses and exemptions. The CDC provides a staff vaccination tracking tool that is free to use.

Develop Processes:

• Head Start programs must establish a process for reviewing and reaching determinations regarding exemption requests (e.g., disability, medical conditions, sincerely held religious beliefs, practices, or observances). Programs must have a process for collecting and evaluating such requests, including the tracking and secure documentation of information provided by those staff who have requested exemption, the program’s decision on the request, and any accommodations that are provided. Requests for exemptions based on an applicable federal law must be documented and evaluated in accordance with applicable Federal law and each program’s policies and procedures. Recommended Resource: What You Should Know About COVID–19 and the ADA, the Rehabilitation Act, and Other EEO Laws
• Programs must also develop a written testing protocol for those with exemptions. Programs should consult with their Health Services Advisory Committee (HSAC) and local public health officials, along with recommendations from their agency’s legal counsel and Human Resources department. Programs are encouraged to review CDC and FDA guidance about selecting COVID-19 tests and developing related protocols.