
Head Start Group Wins Victory on Lobbying Rights
by Kay Guinane, 7/13/2003
On July 2nd, the National Head Start Association (NHSA) won a big victory for nonprofit advocacy rights in its lawsuit against the Department of Health and Human Services (HHS). After a June 30th hearing in federal District Court, HHS agreed to withdraw a May 8 letter to Head Start grantees that contained confusing and inaccurate information about grantees’ right to lobby on Head Start issues. The letter threatened sanctions against programs and parents who engaged in lobbying activity. HHS sent the corrected letter on July 2nd to all Head Start programs.
At the hearing on NHSA’s motion for an injunction, HHS presented the court with a draft second letter that was also misleading. The letter stated Head Start staff can lobby on their own time with their own money, but did not mention their legal right to lobby with non-federal funds. The judge told HHS to draft another letter or face a court order.
NHSA’s suit also claimed that Head Start matching funds are not covered by the restriction on lobbying because the Head Start legislation only applies the restriction on lobbying to “appropriated funds”. This issue was not heard during the hearing on the injunction, and after HHS sent the corrected letter NHSA decided to withdraw the claim on matching funds, leaving this legal issue unsettled for the time being.
For more details see the Save Head Start website
