---
kind: "section"
citation: "45 C.F.R. § 1302.24"
title: "45"
number: "1302.24"
heading: "Locally-designed program option variations."
url: "https://uscodex.org/cfr/45/1302.24"
---

# §1302.24. Locally-designed program option variations.

- (a) **Waiver option.** Programs may request to operate a locally-designed program option, including a combination of program options, to better meet the unique needs of their communities or to demonstrate or test alternative approaches for providing program services. In order to operate a locally-designed program option, programs must seek a waiver as described in this section and must deliver the full range of services, consistent with [§ 1302.20(b)](/cfr/45/1302.20.md?p=b), and demonstrate how any change to their program design is consistent with achieving program goals in [subpart J](/cfr/45/subpartJ.md) of this part.
- (b) **Request for approval.** A program's request to operate a locally-designed variation may be approved by the responsible HHS official through the end of a program's current grant or, if the request is submitted through a grant application for an upcoming project period, for the project period of the new award. Such approval may be revoked based on progress toward program goals as described in [§ 1302.102](/cfr/45/1302.102.md) and monitoring as described in [§ 1304.2](/cfr/45/1304.2.md).
- (c) **Waiver requirements.**
  - (1) The responsible HHS official may waive one or more of the requirements contained in §§ [1302.21(b)](/cfr/45/1302.21.md?p=b), [(c)(1)(i)](/cfr/45/1302.21.md?p=c-1-i), and [(c)(2)(i)](/cfr/45/1302.21.md?p=c-2-i); 1302.22(a) through (c); and 1302.23(b) and (c) but may not waive ratios or group size for children under 24 months. Center-based locally designed options must meet the minimums described in section 640(k)(1) of the Act for center-based programs.
  - (2) If the responsible HHS official determines a waiver of group size for center-based services would better meet the needs of children and families in a community, the group size may not exceed the limits below:
    - (i) A group that serves children 24 to 36 months of age must have no more than ten children; and,
    - (ii) A group that serves predominantly three-year-old children must have no more than twenty children; and,
    - (iii) A group that serves predominantly four-year-old children must have no more than twenty-four children.
  - (3) If the responsible HHS official approves a waiver to allow a program to operate below the minimums described in [§ 1302.21(c)(2)(i)](/cfr/45/1302.21.md?p=c-2-i), a program must meet the requirements described in [§ 1302.21(c)(2)(ii)](/cfr/45/1302.21.md?p=c-2-ii), or in the case of a double session variation, a program must meet the requirements described in [§ 1302.21(c)(2)(iii)](/cfr/45/1302.21.md?p=c-2-iii).
  - (4) In order to receive a waiver under this section, a program must provide supporting evidence that demonstrates the locally-designed variation effectively supports appropriate development and progress in children's early learning outcomes.
  - (5) In order to receive a waiver of service duration, a program must meet the requirement in [paragraph (c)(4)](#c-4) of this section, provide supporting evidence that it better meets the needs of parents than the applicable service duration minimums described in § [1302.21(c)(1)](/cfr/45/1302.21.md?p=c-1) and [(c)(2)(i)](/cfr/45/1302.21.md?p=c-2-i), [§ 1302.22(c)](/cfr/45/1302.22.md?p=c), or [§ 1302.23(c)](/cfr/45/1302.23.md?p=c), and assess the effectiveness of the variation in supporting appropriate development and progress in children's early learning outcomes.

## Notes

### Amendments

[81 FR 61412, Sept. 6, 2016, as amended at 89 FR 67810, Aug. 21, 2024]

### Authority

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

### Source

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

### Amendments

[81 FR 61412, Sept. 6, 2016, as amended at 89 FR 67810, Aug. 21, 2024]