State Of Play: 2026 Head Start and Child Care NPRMs (Rules and Regulation Changes)

Multiple Notices of Proposed Rulemaking (NPRMs) and policy actions were released in 2026 relating to Head Start and Child Care. Below you’ll find information on what they contain and what happens next.

Contents In This Post

• May 11, 2026: First Head Start NPRM + Child Care and TANF policy actions
• August 6, 2026: Second Head Start NPRM
• Background: What is an NPRM? What is reauthorization vs. regulation?

August 2026: The 2nd Head Start NPRM

The Essentials

---

On August 6, 2026,  the Administration released a Notice of Proposed Rulemaking (NPRM) on Head Start,  a formal announcement published in the Federal Register when a Federal Agency intends to add to, remove from, or otherwise change policy through a rule or regulation.  Here is the FFYF Statement from FFYF Executive Director Sarah Rittling.

The proposed rule was open for a 60-day public comment period, ending at midnight, October 6, 2026, providing stakeholders with the opportunity to review the proposal and submit feedback through the official comment portal.

FFYF has conducted a thorough analysis of the NPRM.

• FFYF FAQ: Answers to questions asked by providers, parents and advocates about what the NPRM would mean, including what would change and what would stay the same.
• FFYF Searchable Guide: A line-by-line deep dive into the NPRM, with links to associated statute and regulations.
• Analysis: This list represents the proposed changes we believe require additional scrutiny or discussion, raise potential concerns, and could warrant official comment.
• Public Comment How-To Guide: tips on how to draft comments, including links to resources summarizing and analyzing the NPRM, and step-by-step instructions on how to submit them.
• Feedback Guide: Areas of the Head Start NPRM warranting thoughtful public comment and how to engage.
• Comments: 2026 Head Start Notice of Proposed Rulemaking: Submitted electronically by FFYF to the Administration for Children and Families on October 5, 2026.

Other helpful resources include:

• The Core Elements of Head Start: A document highlighting the foundational pillars that define the Head Start program.
• Polling Highlights: Head Start polling from 2025-2026 shows strong support across all political and geographical demographics.

And for more on the program itself:

• A Head Start Overview: A brief summary of the Head Start program, who it serves, and how it is funded.
• Head Start State Fact Sheets: The impact of Head Start in all 50 states, including funding, enrollment, unmet need, and the reach of local programs and partnerships.

And here are links to original source materials, as located on the official federal government websites.  

• The Head Start Act: The federal law that authorizes and governs Head Start.
• Head Start Performance Standards: The full list of official performance standards that currently (pre-NPRM) shape Head Start.
• The Head Start NPRM: Released August 6, 2026, this contains proposed changes to Head Start rules and regulations.

You can also explore snapshots of several of the successful elements that make Head Start, Head Start using the resources linked below.

---

MEDIA COVERAGE – August

There has been a lot of media coverage focused on the NPRM, check out a few of the stories below:

---

May 11th: 1st Head Start NPRM + Child Care and TANF Policy Actions

May 11, 2026

As part of a “Child Care Reform Package” released on May 11, the Administration issued four separate policy actions: a Head Start Notice of Proposed Rulemaking (NPRM), the Child Care and Development Fund (CCDF) Final Rule, a Temporary Assistance for Need Families (TANF) Information Memorandum, and a CCDF Dear Colleague Letter.

These documents serve different purposes, ranging from proposing and finalizing regulatory changes to providing guidance and policy recommendations.

---

Published in the Federal Register, May 11, 2026

Head Start Notice of Proposed Rulemaking (NPRM)

Restoring Flexibility to Support Head Start Program Access, a proposed rule by the Department of Health And Human Services, Administration for Children and Families.

WHAT’S INCLUDED: The NPRM removes requirements that were effective October 1, 2024, related to wages (to be implemented by August 1, 2031) and benefits (to be implemented by August 1, 2028) in the Head Start program. The following requirements are now proposed for elimination:

FINAL RULE: On November 13, 2026, the Administration for Children and Families posted the Final Rule associated with this NPRM,  “Restoring Flexibility to Support Head Start Program Access. The Final Rule removes Head Start program requirements added by the Biden Administration in 2024 related to wages (which were to have been implemented by August 1, 2031) and benefits (which were to have been implemented by August 1, 2028). The Final Rule notes that Head Start programs still have discretion over wages and benefits and are allowed to implement much of what was required in the 2024 rule. Nothing in the Final Rule requires changes to current employee wages or benefits; it will go into effect 60 days after it is published in the Federal Register on November 16.

---

LEARN MORE

• The Core Elements of Head Start
• About Early Head Start/Head Start: An Overview

Comments Submitted in Response to Head Start NPRM

 On June 9, FFYF submitted comments in response to the NPRM. The Head Start program has faced workforce challenges for years, with grantees struggling to offer competitive wages and benefits in the face of rising costs and against a backdrop of largely level funding. Staff turnover, often caused by inadequate compensation, has led to classroom closures, and even without a federal requirement, programs will find it necessary to invest in wages and benefits.

Eliminating the requirement neither guarantees savings nor ensures the estimated 106,000 slots will be preserved; rather, Head Start’s next chapter should be shaped through the reauthorization process to pair structural reforms with the federal investment they require. FFYF remains committed to working with the Administration and Congress to support both a stable, fairly compensated workforce and to advance policies that strengthen Head Start for the children, families, and communities it serves. 

Following the June 11 deadline, HHS is required to review and analyze all comments. After considering all comments, the agency issues a Final Rule including a “preamble” explaining the rule’s purpose and responding to major public concerns.

---

Child Care and Development Fund (Final Rule)

Restoring Flexibility in the Child Care and Development Fund, a Final Rule by the Department of Health And Human Services, Administration for Children and Families.

BACKGROUND: A NPRM was originally released in January 2026. During its 30-day comment period, “HHS received 1,244 comments from State human services and educational agencies; members of the U.S. Congress; national, State, and local early childhood and family-focused advocacy organizations.”

WHAT’S INCLUDED: The final rule repeals the following requirements in the Child Care and Development Fund Program: (Note: It remains allowable for States to implement these measures in their subsidy programs; it is no longer a requirement to do so.)

Rolling Back:

• Capping CCDF family co-payment at 7% of income 
• Paying child care providers prospectively (at the start of the service period) 
• Paying providers based on a child’s enrollment rather than daily attendance
• Providing some direct services through grants or contracts

NEXT STEPS: The Final Rule will go into effect  60 days after it is  published in the Federal Register 

LEARN MORE

• Reauthorizing CCDBG through the bipartisan Child Care Modernization Act
• Enrollment vs. Attendance: What it means for providers

---

Additional Program Guidance

TANF Information Memorandum (IM)

An IM is a resource that federal agencies use to communicate priorities and clarify policies to stakeholders.  This IM, Using TANF to Support Child Care and At-Home Parental Caregivers, encourages states to consider transferring the maximum amount of TANF funds authorized by law (30% of a state’s federal TANF dollars) to CCDF so states are able to serve more eligible children. 

Learn More

• TANF Program Overview 
• TANF – Federal Expenditures and Child Care (coming soon!)

CCDF Dear Colleague Letter

Dear Colleague Letters are often used to highlight policy priorities and provide recommendations. The Child Care and Development Fund (CCDF) Flexibilities Dear Colleague Letter was sent by the administration to Governors encouraging them to review existing policies to ensure family, friend, and neighbor (FFN) caregivers and faith-based providers were being included in the design of subsidy programs so parents have the full range of choices.

---

Background

Reauthorization vs. Regulation

• Reauthorization: A process through which Congress provides structural updates and policy reforms to improve a program through legislation. Federal programs including Head Start and the Child Care and Development Block Grant (CCDBG), are typically reauthorized every five years – though programs can, and often do, function with expired authorizations because they can continue through annual funding decisions made by Congress.
• Regulation: Rules written by administration officials to explain “how” to carry out the mandates established by laws. Regulations help fill technical gaps when interpreting statute, but relying solely on regulation to adapt policy can leave programs outdated and vulnerable to shifting administrative priorities across administrations. 
• CCDBG was last reauthorized by Congress in 2014 (authorization expired in 2020). Head Start was last reauthorized by Congress in 2007 (authorization expired in 2012). 
• https://www.regulations.gov/learn has more information.

Overview: Notice of Proposed Rulemaking (NPRM)

• An NPRM (Notice of Proposed Rulemaking) is a formal announcement published in the Federal Register when a Federal Agency intends to add to, remove from, or otherwise change policy through a rule or regulation. 
• Interested parties then have a set number of days (usually 30 or 60) to submit public comments, after which the agency is required to review and analyze all comments. 
• After considering all comments, the agency issues a Final Rule including a “preamble” explaining the rule’s purpose and responding to major public concerns.