[Code of Federal Regulations]
[Title 45, Volume 4]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 45CFR1302.21]

[Page 101]
 
                        TITLE 45--PUBLIC WELFARE
 
CHAPTER XIII--OFFICE OF HUMAN DEVELOPMENT SERVICES, DEPARTMENT OF HEALTH 
                           AND HUMAN SERVICES
 
PART 1302_POLICIES AND PROCEDURES FOR SELECTION, INITIAL FUNDING, AND 
 
Subpart C_Change in Grantee Requiring Amendment of Approved Application 
                  or Replacement of Head Start Program
 
Sec.  1302.21  Grantee shows legal status but not financial viability.

    (a) If a grantee shows legal status but impaired financial viability 
the responsible HHS official will entertain a timely request for 
amendment of the grantee's approved application which restores the 
grantee's financial viability either by a reduction in the program which 
produces minimum disruption to services and functions, or by an 
amendment which incorporates essential functions and services not 
previously funded as part of the total cost of the Head Start program, 
and, therefore, requires an increase in the amount of the Head Start 
grant but which will not result in a Federal share of the total cost of 
the Head Start program in excess of the percentage authorized by the Act 
or applicable regulations. In considering such a request which includes 
an increase in the Head Start grant the responsible HHS official will 
take into account the funds available to him for obligation and whether 
the proposed increase is consistent with that distribution of Head Start 
funds which:
    (1) Maximizes the number of childen served within his area of 
responsibility, or in the case of experimental or demonstration 
programs, the experimental or demonstration benefits to be achieved, and
    (2) Maintains approximately the same distribution of Head Start 
program funds to States as exist during the fiscal year in which his 
decision is made.
    (b) A request for amendment will be considered to be timely if it is 
included with the written submittal required by Sec.  1302.20(a) of this 
part, submitted within 30 days after receiving the notice required by 
Sec.  1302.20(b) of this part, or submitted as a part of a timely 
application for refunding.
    (c) The grantee will be notified in writing by the responsible HHS 
official within 30 days after submission of the requested amendment of 
the decision to approve or disapprove the requested amendment. If the 
requested amendment is disapproved the notice will contain a statement 
of the reasons for disapproval.