PUBLIC LAW 110–134—DEC. 12, 2007
121 STAT. 1395
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‘‘(B) if such actual enrollment is less than the funded enrollment, any apparent reason for such enrollment shortfall. ‘‘(3) SECRETARIAL REVIEW AND PLAN.—The Secretary shall— ‘‘(A) on a semiannual basis, determine which Head Start agencies are operating with an actual enrollment that is less than the funded enrollment based on not less than 4 consecutive months of data; ‘‘(B) for each such Head Start agency operating a program with an actual enrollment that is less than its funded enrollment, as determined under subparagraph (A), develop, in collaboration with such agency, a plan and timetable for reducing or eliminating underenrollment taking into consideration— ‘‘(i) the quality and extent of the outreach, recruitment, and communitywide strategic planning and needs assessment conducted by such agency; ‘‘(ii) changing demographics, mobility of populations, and the identification of new underserved lowincome populations; ‘‘(iii) facilities-related issues that may impact enrollment; ‘‘(iv) the ability to provide full-working-day programs, where needed, through funds made available under this subchapter or through collaboration with entities carrying out other early childhood education and development programs, or programs with other funding sources (where available); ‘‘(v) the availability and use by families of other early childhood education and development options in the community served; and ‘‘(vi) agency management procedures that may impact enrollment; and ‘‘(C) provide timely and ongoing technical assistance to each agency described in subparagraph (B) for the purpose of assisting the Head Start agency to implement the plan described in such subparagraph. ‘‘(4) IMPLEMENTATION.—Upon receipt of the technical assistance described in paragraph (3)(C), a Head Start agency shall immediately implement the plan described in paragraph (3)(B). The Secretary shall, where determined appropriate, continue to provide technical assistance to such agency. ‘‘(5) SECRETARIAL REVIEW AND ADJUSTMENT FOR CHRONIC UNDERENROLLMENT.— ‘‘(A) IN GENERAL.—If, after receiving technical assistance and developing and implementing the plan as described in paragraphs (3) and (4) for 12 months, a Head Start agency is operating a program with an actual enrollment that is less than 97 percent of its funded enrollment, the Secretary may— ‘‘(i) designate such agency as chronically underenrolled; and ‘‘(ii) recapture, withhold, or reduce the base grant for the program by a percentage equal to the percentage difference between funded enrollment and actual enrollment for the program for the most recent year
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