J – 020 Can a Head Start program require teachers to pursue their AA/BA degree to meet the mandate and will the agency have to pay overtime if the teachers attend school after work?
Neither the Head Start Act nor the Head Start program’s regulations address the issue of whether a grantee can require an employee to pursue a degree as a condition of their employment, or the issue of whether a grantee must pay overtime to such an employee who is attending school after the work day. If a grantee is planning to require a teacher to pursue their AA/BA degree through an after-work program, OHS recommends that the grantee obtain legal advice on the requirements of Federal and state law applicable in such situations.
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