Section 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) , and demonstrate how any change to their program design is consistent with achieving program goals in subpart J 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 and monitoring as described in § 1304.2 .(c)Waiver requirements.(1) The responsible HHS official may waive one or more of the requirements contained in §§ 1302.21(b), (c)(1)(i), and (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) , a program must meet the requirements described in § 1302.21(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) .(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) 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) and (c)(2)(i) , § 1302.22(c) , or § 1302.23(c) , and assess the effectiveness of the variation in supporting appropriate development and progress in children's early learning outcomes. 81 FR 61412 , Sept. 6, 2016, as amended at 89 FR 67810 , Aug. 21, 2024 81 FR 61412 , 9/6/2016, as amended at 89 FR 67810 , 8/21/2024