---
kind: "section"
citation: "45 C.F.R. § 1301.2"
title: "45"
number: "1301.2"
heading: "Governing body."
url: "https://uscodex.org/cfr/45/1301.2"
---

# §1301.2. Governing body.

- (a) **Composition.** The composition of a governing body must be in accordance with the requirements specified at section 642(c)(1)(B) of the Act, except where specific exceptions are authorized in the case of public entities at [section 642(c)(1)(D)](/cfr/45/642.md?p=c-1-D) of the Act. Agencies must ensure members of the governing body do not have a conflict of interest, pursuant to [section 642(c)(1)(C)](/cfr/45/642.md?p=c-1-C) of the Act.
- (b) **Duties and responsibilities.**
  - (1) **The governing body is responsible for activities specified at section 642(c)(1)(E) of the Act.**
  - (2) The governing body must use ongoing monitoring results, data on school readiness goals, other information described in [§ 1302.102](/cfr/45/1302.102.md), and information described at section 642(d)(2) of the Act to conduct its responsibilities.
- (c) **Advisory committees.**
  - (1) A governing body may establish advisory committees as it deems necessary for effective governance and improvement of the program.
  - (2) If a governing body establishes an advisory committee to oversee key responsibilities related to program governance, it must:
    - (i) Establish the structure, communication, and oversight in such a way that the governing body continues to maintain its legal and fiscal responsibility for the Head Start agency; and,
    - (ii) **Notify the responsible HHS official of its intent to establish such an advisory committee.**

## Notes

### Authority

Authority: 42 U.S.C. 9801 et seq.

### Source

Source: 81 FR 61412, Sept. 6, 2016, unless otherwise noted.