As you may recall, in February 2012, four associations of Head Start agencies or community action agencies (the Ohio Head Start Association, the Ohio Association of Community Action Agencies, the Massachusetts Association for Community Action, and Southeastern Association of Community Action Agencies) filed suit against the Department of Health and Human Services (HHS) in federal district court challenging the lawfulness of the “single deficiency trigger” in the HHS/ACF designation renewal system final regulations.

Three of those plaintiffs appealed the July 2012 decision of the U.S. District Court for the District of Columbia granting HHS’s motion for summary judgment in the case.

Next week – on April 5, oral argument in the appeal will be held before Judges Sentelle, Brown, and Randolph of the U.S. Court of Appeals for the D.C. Circuit. Feldesman Tucker Leifer Fidell LLP will be arguing on behalf of those challenging the DRS rule.

The oral argument will be held at 9:30 a.m. at the E. Barrett Prettyman U.S. Courthouse, 333 Constitution Avenue, NW, Washington, DC, 20001 and will be open to the public.  We certainly plan be there and would love to connect with you if you going.  Please, let us know!

Thank you.


If your agency has activated a ‘trigger’ and is facing recompetition – you might want or need guidance. In most cases, we can help you get through this critical period and, if we can’t, we’ll certainly help you find the support you need.

We have extensive experience in grant writing generally, as it relates to recompetition, specifically.  More broadly, we regularly partner with grantees to coordinate and write community assessments, as required by Federal Performance Standards.

If you think you have a legal issue OR want to prevent one through regulatory compliance and risk assessment, please do yourself a big favor and call Ted Waters at [email protected] or Zoë Beckerman at [email protected], both with Feldesman Tucker Leifer Fidell LLP.

If you are a delegate agency thinking about responding to an upcoming RFP to continue to serve your children and families on your own, but are unsure about grant writing, give us a call.

If you are a community based, solid organization with your heart and management practices in the right place and think could do just as well or better on behalf of young children and their families, we can help you think that through and move forward if you’d like. Call us: 703-299-6570  or 703-599-4329  or email [email protected].

Thank you.

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