Trump Administration Proposes Removing Head Start Suspension Protections

The Trump administration’s proposed rule would eliminate federal guidelines that prevent Head Start programs from suspending or expelling preschoolers with challenging behaviors. This Head Start suspension expulsion rule change would shift oversight to state and local licensing requirements. Under the proposal, Head Start providers would follow state and local licensing requirements for discipline policies instead of federal standards. The updated rules would ask providers to craft their own discipline policies by following those local requirements. A 60-day public comment period on the rule change is currently open and runs through Oct. 6.

Current protections and how they work in practice

Expulsion is currently banned within Head Start, which serves nearly 700,000 predominantly low-income kids. Temporary suspensions can only be used in extreme circumstances and as a last resort. Programs must first attempt a series of other interventions. These include collaborating with parents, meeting with a mental health consultant, and turning to resources such as behavior coaches or psychologists. In rare cases where kids are suspended, programs must also set up home visits and explore a referral for special education services.

This support system has proven effective. Xavier Rogers received extra support from a social-emotional and mental healthcare team at his Chicago-area preschool instead of being removed from class. His mother, Joanna Isitt, a Head Start teacher, said that with these supports in place, she felt he had grown tremendously. Xavier improved significantly, showing increased self-awareness and use of breathing exercises.

State-level gaps that would leave children exposed

If the federal rules are rolled back, most states lack equivalent safeguards. Only 14 states and Washington, D.C., have laws or policies that align with Head Start’s rules around exclusionary discipline, according to a recent analysis by the Children’s Equity Project at Arizona State University. Researchers found that only about half of those 14 states’ laws apply to all children under 5, the population served by Head Start. Also, only Minnesota’s regulations explicitly include Head Start programs in its exclusionary discipline policies. That means that in 70% of states, Head Start students would be left with fewer guardrails should the rule change pass.

Evidence of disproportionate impact and real-world stakes

Data shows suspensions and expulsions in public preschool disproportionately affect specific groups. The data, from an analysis of 2023-24 federal data, primarily reflects public school district preschool programs, not Head Start-specific programs. It reveals stark disparities between states.

National data shows the disproportionate impact. A 2021 report found 2,822 public preschoolers received one or more out-of-school suspensions. Black children made up 18% of public preschool students but 43% of suspensions that year. In 2021, 306 preschoolers were expelled, with Black students and those with disabilities receiving the harshest punishments. Suspension rates were also disproportionately high for American Indian and Alaskan Native students. Historical research from 2005 found boys were 4.5 times more likely to be expelled than girls in preschool, and the highest preschool expulsion rates were for older preschoolers and Black preschoolers.

Suspensions and expulsions are associated with negative outcomes, including lower educational achievement, decreased likelihood of graduating high school, and depression. Walter Gilliam, now executive director of the Buffett Early Childhood Institute at the University of Nebraska, found in 2005 that the preschool expulsion rate was three times that of K-12 schools. His research also showed teachers with ongoing behavioral consultant relationships had lower expulsion rates.

Voices from the field warning of harm to vulnerable families

Head Start educators and advocates warn that removing federal protections would harm vulnerable children. The Trump administration is attempting to roll back discipline safeguards along with tools that prevent behaviors from escalating. These include lower adult-to-child ratios, a required number of monthly mental health consultations, timely developmental screenings, and staff breaks.

Natalie Renew, executive director of Home Grown, said Head Start is rare in having both rules and resources to support children with challenging behaviors. She stated that for many families, Head Start is their last remaining preschool option. It is one of the few places where kids displaying challenging behaviors are largely guaranteed support, rather than exclusion. If the administration's proposal takes effect, a lot of the children who can’t be served elsewhere will have nowhere.

Wanda Minick, executive director of the Florida Head Start Association, expressed deep concern. She said if the state of Florida doesn’t have standards related to suspension and expulsion, and that’s what the administration wants programs to go by, the country should be very concerned. She warned that the nation is taking its most vulnerable children and families and potentially putting them in an environment where they have no protections.

Joel Ryan, executive director of the Washington State Association of Head Start, pointed to teacher strain. He said if it were made permissible to either reject kids or throw them out, a lot of teachers would, because they are feeling so much strain. Walter Gilliam added that preschoolers who are forced out do not only magically vanish or get cured. They just get passed around from program to program, which is not good for the children or the programs.

A Department of Health and Human Services spokesperson said the proposed rule would provide greater flexibility and does not mandate changes to current practices. The spokesperson said it would give Head Start programs more flexibility and would not force them to change their current disciplinary practices if they work well. The public comment period on the proposed rule change runs through Oct. 6, after which the administration will review feedback before finalizing the rule.