Final Rule on Head Start Transportation

ACYF Administration on Children, Youth and Families	U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for Children and Families
	1. Log No. ACYF-IM-HS-01-01	2. Issuance Date: 01/19/01
	3. Originating Office: Head Start Bureau
	4. Key Word: HEAD START TRANSPORTATION

INFORMATION MEMORANDUM [See Attachment at the bottom]

TO: Head Start and Early Head Start Grantees and Delegate Agencies

SUBJECT: Final Rule on Head Start Transportation

LEGAL AND RELATED REFERENCES: The authority for this final rule is found in sections 640(i) and 644(a) and (c) and 645A(b)(9) of the Head Start Act (42 U.S.C. 9801 q.) Section 640(i) directs the Secretary to issue regulations establishing requirements for the safety features and safe operation of vehicles used to transport children participating in Head Start programs. Section 645A(b)(9) requires that Early Head Start agencies comply with requirements established by the Secretary concerning design and operation of such programs. Sections 644(a) and (c) require the issuance of regulations setting standards for the organization, management, and administration of Head Start programs.

INFORMATION: We are pleased to announce the publication, on January 18, 2001, of a new rule concerning transportation services in Head Start programs. This rule will play an important role in assuring that safe and effective transportation services are available to Head Start children. Attached is a copy of the final rule, as published in the Federal Register.

Although not a required service, many Head Start and Early Head Start programs provide transportation to the families they serve. For programs that provide transportation services, this rule establishes the safety features that must exist in vehicles used to transport children and describes the safe operating procedures that must be followed. The rule requires grantees that do not provide transportation services to provide reasonable assistance to families to arrange transportation to and from activities. The rule does not require programs to initiate new transportation services.

DEVELOPMENT OF THE FINAL RULE

The transportation regulation was published as a Notice of proposed Rulemaking (NPRM) in the Federal Register on June 15, 1995. Over 300 letters containing more than 800 comments were submitted in response to the NPRM. The respondents came from the Head Start community and public and private organizations and individuals interested in Head Start transportation services. The majority of letters supported establishing safety standards for Head Start transportation services. A summary of the public comments and their resolution is discussed in the preamble of the final rule.

CHANGES FROM THE PROPOSED RULE

Based on an extensive review and analysis of the comments submitted in response to the NPRM, significant adjustments were made to some of the provisions in the final rule, some requirements were eliminated and there was substantial reorganization of the content of the various provisions. Changes in wording and organization were largely directed at clarifying meaning.

The following summarizes the key changes in the final rule:

The final rule retains the requirements related to using school buses, but, additionally, identifies the special safety features that constitute an "allowable alternate vehicle" which may be used in place of a school bus in States where the use of such a vehicle is allowable.
The NPRM required that operators replace vehicles not complying with the requirements of the regulation within three years. The final rule was changed to allow up to five years in order to accommodate the useful life of more currently owned vehicles.
The requirement that operators employ a full- or part-time transportation supervisor was deleted. The final rule specifies transportation oversight functions but leaves the decisions about managing those functions to grantees.
While the final rule maintains requirements regarding some training topics, the provision specifying the numbers of hours programs must dedicate to such training was deleted. Each grantee will assess the training needs of its staff and these needs will be highly variable.

KEY PROVISIONS OF THE FINAL RULE

The final rule:

Requires that, within five years, all vehicles used to transport Head Start children meet all criteria for school buses or comply with specified Federal Motor Vehicle Safety Standards (FMVSS) under the definition of "allowable alternate vehicles." An "allowable alternate vehicle" is a vehicle constructed to the strength and safety requirements of a school bus, but differing in appearance including color and external signage of a school bus;
Requires that children be seated in age and weight appropriate safety restraint systems;
Specifies that operators of Head Start vehicles must possess commercial drivers licenses (CDLs) and requires that vehicles be staffed with a monitor in addition to the driver;
Describes the pre-service and in-service training requirements for Head Start vehicle operators and monitors;
Describes information that must be provided to parents and children on vehicle and pedestrian safety;
Describes the requirements for transportation of children with disabilities; and
Defines the role of Head Start agencies in local efforts to plan and implement coordinated transportation systems in order to achieve greater cost effectiveness, increase efficiency, and improve community access to transportation services.

EFFECTIVE DATES

There are various dates on which different provisions of the rule become mandatory. Where possible, we encourage you meet these requirements as soon as possible and before these final dates.

The provision concerning waivers, 1310.2(c), is effective February 20, 2001;
The requirement that newly obtained vehicles must be school buses or allowable alternate vehicles, 13 10.12(b), is effective February 20, 2001;
The requirement concerning the use of child safety restraint systems, 1310.11, is effective January 20, 2004; and
The requirement concerning bus monitors, 1310.15(c), is effective January 20, 2004;
The requirements that children be transported in school buses or allowable alternate vehicles, 1310.12(a), including children with disabilities, 1310.22(a), are effective January 18, 2006.

All other provisions of the regulation are effective January 18, 2002.

RESOURCES, TRAINING AND TECHNICAL ASSISTANCE

A number of resources are available to support programs as they implement the provisions of the transportation regulation. The Head Start Training and Technical Assistance Network Quality Improvement Centers (QICS) offer staff members with expertise in program design and management who can assist programs in planning compliance with the regulation. Several of the QICs also have transportation specialists who will assist grantees in implementing the final rule. The Head Start Publication Resource Center has a wealth of resources, including a "Transportation Toolkit" available to all grantee and delegate agencies at no cost, http://www.headstartinfo.org. There are various training opportunities, available through each State's department of transportation. Several national organizations provide training for Head Start transportation service providers. These organizations include the International Center for Injury Prevention and the Community Transit Assistance Program (1-800-527-8279). NHTSA (http://www.nhtsa.dot.gov) offers information on all matters related to child transportation, including State and Federal regulations.

If your program offers transportation services, you should evaluate your existing services in light of the final rule and make plans to implement the new regulation. There are a variety of options for providing Head Start transportation services. Grantees may contract or enter into agreements with local transportation providers, such as community transportation providers or school systems. If services are currently provided in your program through such an arrangement, you will need to plan jointly with the service provider to implement the rule's provisions within the specified time periods. Head Start programs may also provide transportation services directly. When purchasing vehicles, grantees may buy them outright, finance them over time, or lease them.

With the issuance of this new regulation, we urge you to reassess your transportation systems and needs. You should explore the possibility of new partnerships with other community transportation or service providers. It may be helpful to conduct a cost-benefit analysis to help determine the safest, most effective, and efficient service strategy for your community.

If you have questions concerning this new, we urge you to contact your ACF Regional Office.

Douglas Klafehn
Acting Associate Commissioner
Head Start Bureau

Attachment:
Final Rule on Head Start Transportation