[Federal Register Volume 60, Number 115 (Thursday, June 15, 1995)]
[Proposed Rules]
[Pages 31612-31622]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-14621]
[[Page 31611]]
_______________________________________________________________________
Part VI
Department of Health and Human Services
_______________________________________________________________________
Administration for Children and Families
_______________________________________________________________________
45 CFR Part 1310
Head Start Program; Proposed Rule
Federal Register / Vol. 60, No. 115 / Thursday, June 15, 1995 /
Proposed Rules
[[Page 31612]]
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
45 CFR Part 1310
RIN 0970-AB24
Head Start Program
AGENCY: Administration on Children, Youth and Families (ACYF),
Administration for Children and Families (ACF), HHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Administration for Children and Families is issuing this
Notice of Proposed Rulemaking to implement the statutory provision for
establishing requirements for the safety features, and the safe
operation, of vehicles used by Head Start agencies to transport
children participating in Head Start programs.
DATES: In order to be considered, comments on this proposed rule must
be received on or before August 14, 1995.
ADDRESSES: Please address comments to the Associate Commissioner, Head
Start Bureau, Administration for Children, Youth and Families, P.O. Box
1182, Washington, D.C. 20013.
Beginning 14 days after close of the comment period, comments will
be available for public inspection in Room 2217, 330 C Street, SW.,
Washington, DC. 20201, Monday through Friday, between the hours of 9
a.m. and 4 p.m.
FOR FURTHER INFORMATION CONTACT: Bill Wilson, Head Start Bureau, (202)
205-8913.
SUPPLEMENTARY INFORMATION:
I. Program Purpose
The Head Start program is authorized under the Head Start Act (the
Act), section 635 of Pub. L. 97-35, the Omnibus Budget Reconciliation
Act of 1981 (42 U.S.C. 9801 et seq.). It is a national program
providing comprehensive child development services primarily to low-
income children, predominantly age three to the age of compulsory
school attendance, and their families. To help enrolled children
achieve their full potential, Head Start provides comprehensive health,
nutritional, educational, social and other services. In addition, Head
Start programs are required to provide for the direct participation of
the parents of enrolled children. Parents receive training and
education that fosters their understanding of and involvement in the
development of their children. They also become involved in the
development, conduct, and direction of local programs. Also, the Head
Start program provides services to children below the age of three and
their families. These services are designed to promote the development
of the children and to enable their parents to fulfill their roles as
parents and move toward self sufficiency.
In fiscal year 1993, Head Start served 713,903 children through a
network of 1,395 grantees and 575 delegate agencies. Delegate agencies
have approved written agreements with grantees to operate Head Start
programs.
While Head Start is intended to serve primarily children from low-
income families, Head Start's regulations permit up to 10 percent of
the children to be from families who are not low-income. The Head Start
regulations also require that a minimum of 10 percent of enrollment
opportunities in each grantee be made available to children with
disabilities. Such children are expected to participate in the full
range of Head Start activities with their non-disabled peers, and to
receive needed special education and related services.
The Head Start Improvement Act of 1992 contains a new provision
which authorizes the Head Start Bureau to develop regulations for the
safe transportation of Head Start children. In addition, the Final
Report of the Advisory Committee on Head Start Quality and Expansion
includes in its recommendations the development of ``* * * regulations
to assure that safe and effective transportation services are
available.'' The development of these ``Performance Standards'' for
Head Start transportation support the goal of ensuring that children
and families receive high quality Head Start services.
II. Background
The authority of this Notice of Proposed Rulemaking is sections
640(i) and 644 (a) and (c) of the Head Start Act (42 U.S.C. 9801 et
seq.). Section 640(i) directs the Secretary to issue regulations
establishing requirements for the safety features and the safe
operation of vehicles used by Head Start agencies to transport children
participating in Head Start programs. Section 644 (a) and (c) requires
the issuance of regulations setting standards for organization,
management, and administration of Head Start programs.
Since the inception of the program, most Head Start agencies have
routinely provided transportation for Head Start children to and from
the classroom when needed, although there has never been a requirement
to do so. To date, information on transportation provided to Head Start
programs has been limited to a series of Information Memoranda which
provided guidance to programs on issues around transportation safety,
but which did not require any action on the part of Head Start
agencies. The following is a summary of that information:
ACYF-IM-82-01, ``Transportation Safety'', issued on
January 19, 1982. This Information Memorandum provided the first
notification to Head Start programs with a Highway Accident Report
prepared by the National Transportation Safety Board (NTSB) of an
accident involving a Head Start vehicle. As a result of their
investigation of this accident, the NTSB recommended that ACYF advise
all Head Start programs of the circumstances of the accident in hopes
that the report would draw attention to the importance of
transportation safety. The Information Memorandum also notified
programs of the NTSB's recommendation that ACYF adopt and emphasize the
need for adherence to the policies and guidelines provided by the
National Highway Traffic Safety Administration's (NHTSA) Pupil
Transportation Safety Standards, Highway Safety Program Standard Number
17 (now Guideline 17). A copy of Standard 17 was included and programs
were ``urged'' to use the Standard to assess the adequacy of their
transportation systems.
ACYF-IM-93-10. ``Transportation'', issued on March 18,
1993. This Information Memorandum replaced ACYF-IM-82-01 and ACYF-IM-
83-06, since both the FMVSS and NHTSA's Pupil Transportation Safety
Standards had been revised. The Information Memorandum provided Head
Start programs with a copy of the new Guideline 17 and again encouraged
programs to purchase only vehicles which meet the FMVSS. The
Information Memorandum also provided Head Start programs with new
information regarding the Federal Highway Administration's (FHWA)
Commercial Motor Vehicle Safety Act and the Commercial Driver's License
(CDL) program.
As these issuances have been advisory and not legally binding,
there have been differing degrees of implementation. Not all Head Start
agencies offer transportation services and, among the agencies that do
provide transportation, there are varying degrees of quality and
safety.
Because of its impact on the quality of services provided to
children and families, we strongly believe that the transportation
``component'' of Head Start should be on a par with the other
[[Page 31613]] components of education, health, social services and
parent involvement in terms of budgeting, training and overall
integration of the transportation services into the day-to-day
activities of the program. For example, in a typical rural Head Start
program where children are transported over long distances, it is
possible for children to spend from \1/4\ to \1/3\ of their day en
route to and from the classroom. It is imperative, therefore, that the
time children spend on the vehicle is treated with the same level of
importance as the time the children spend in the classroom and in other
program activities.
We know from experience that significant variation exists among the
States in terms of whether or not Head Start vehicles and Head Start
drivers are included under the purview of State school bus
requirements.
In preparing for this NPRM, a survey was conducted of the States to
determine whether and the extent to which, the requirements in the
State's pupil transportation safety plan applied to Head Start
programs. Of the 48 States that responded to the survey, 14 of them
stated that their Head Start programs are covered by the regulations
governing pupil transportation, 22 States responded that their Head
Start programs are not covered, 10 States gave a conditional response
and 1 State did not know. The survey also indicated significant
variation among the States themselves in the amount of training
required for school bus drivers. Of the 45 States that responded to
this question, 39 have some mandated training requirements for school
bus drivers, 3 States reported that driver training was handled at the
local level, and 3 States reported no mandated training requirements
for school bus drivers. More significantly perhaps, only 13 States
reported mandated driver training for Head Start bus drivers.
This variation, both in the way Head Start programs are viewed by
the States as well as the differing requirements among the States,
precluded reliance on the States as the sole source for transportation
safety standards for Head Start programs and was one of the primary
determinants in our decision to develop minimum standards which would
apply to all Head Start programs, regardless of the State in which they
operate.
In the development of this proposed rule, we have with only minor
variations, adopted the recommendations contained in Guideline 17. As
such, this proposed rule was developed through ongoing consultation
with the Federal Highway Administration, specifically with NHTSA's
Safety Counter Measures Division, on the application of the FMVSS and
Guideline 17 to Head Start programs. It should be noted that we do not
wish to place Head Start programs in conflict with State requirements.
On the contrary, it is our intention to continue to work with the
States beyond the implementation of the rule to enhance the
relationship between Head Start programs and the State agencies
responsible for pupil transportation safety. Toward that end, we have
consulted with the National Association of State Directors of Pupil
Transportation throughout the development of this proposed rule and we
welcome the identification of any actual or potential problems that may
be identified during the review of this NPRM.
Where Guideline 17 lacked specificity or was silent on some aspect
that was considered important, we have relied on other resources, such
as the National Standards for School Bus Operations, in determining,
for example, the minimum hours of pre-service and in-service training
for drivers, the content requirements for driver training and the rules
for trip routing. The NTSB's Special Report 222 provided valuable
information regarding the use of seat belts on school buses, other
special equipment, such as crossing control arms, the need for strict
rules for trip routing, and the need to train children in safe riding
practices both on and off the bus.
The NTSB's examination of the use of seat belts on school buses in
Special Report 222, along with NHTSA's recommendation in Guideline 17
that passengers in vehicles with a gross vehicle weight rating of under
10,000 pounds (which is the class of vehicle most in use by Head Start
programs) use occupant restraints, raises an issue of special
importance to the safe transportation of Head Start children. The use
of standard Type I and Type II seat belts is inappropriate for children
who weigh 50 pounds or less, because of the potential for injury from
the seat belt itself. Children weighing 50 pounds or less should be
seated in child restraint systems designed in accordance with FMVSS No.
213, ``Child Restraint Systems.'' Since almost all Head Start children
fall into this lower weight category, we have included such a
requirement in the proposed rule. Our decision to include this
requirement is based on consultation with such organizations as the
American Academy of Pediatrics, the Children's National Medical Center
in Washington, DC and the Riley Hospital for Children, Automotive
Safety for Children Program in Indianapolis, Indiana. We are
particularly interested in comments addressing age mixes of children
with respect to child restraints (infants and toddlers).
III. Summary of the Proposed Regulation
The proposed rule:
Applies to all Head Start grantees and delegate agencies
that provide transportation services to and from the classroom and to
special events, such as field trips and other group events, which take
place away from the classroom but are an integral part of the scheduled
activities for children.
Requires that Head Start vehicles meet the Federal Motor
Vehicle Safety Standards (FMVSS) for school buses and prohibits the use
of small vans in the transporting of Head Start children;
Describes the minimum qualifications for operators of Head
Start vehicles;
Describes the pre-service and in-service training
requirements for operators of Head Start vehicles;
Describes the training requirements for parents and
children in 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 in the overall cost of providing
transportation.
The contents of this proposed rule are adopted from the following
sources of information:
23 CFR, part 1204--Highway Safety Program Guideline No.
17, ``Pupil Transportation Safety,'' referred to in this text as
Guideline 17;
49 CFR, part 383--Commercial Driver's License Standards:
Requirements and Penalties;
49 CFR, part 391--Qualifications of Drivers;
1990 National Standards for School Buses and School Bus
Operations, National Safety Council; and
Special Report 222, ``Improving School Bus Safety,''
Transportation Research Board, National Research Council, 1989.
IV. Section-by-Section Discussion of the NPRM
Subpart A--General
Section 1310.1--Purpose
This section describes the purpose of the regulation and references
the section of the Head Start Act upon which the regulation is based.
[[Page 31614]]
Section 1310.2--Applicability
This section states that the new rule applies to all Head Start
grantees and delegate agencies that provide transportation services. It
also includes a phase in period of three years from the effective date
of the rule with certain exceptions. This phase-in period should not
become a disincentive to agencies to implement requirements as early as
possible but rather be a means by which agencies can carry out their
implementation responsibilities with time for careful planning. We
considered allowing waivers but decided against this approach given the
many waiver requests this provision would have precipitated and the
fact that we envision all affected Head Start agencies fully meeting
all of the requirements no later than 3 years from its effective date.
We welcome comments on whether the phase-in period provides enough time
(or gives too much time) for a Head Start agency to fully comply with
part 1310. Also we welcome comments on whether we should provide for
waivers on certain requirements which are believed to be too difficult
for all affected agencies to meet in the three year period and which do
not compromise the safety of Head Start children.
Section 1310.3--Definitions
This section provides the definition of terms used throughout the
proposed rule. Key words and phrases defined include ``transportation''
(which is defined as the regular transporting of children to and from
the classroom, on field trips or other events which are an integral
part of the daily activities for children), ``vehicle'' (which is a
``school bus'' as defined in the National Highway Traffic Safety
Administration's (NHTSA) Guideline 17), ``trip routing'' (which means
the process for determining the fixed routes to be traveled on a daily
basis), ``child restraint system'' (which means a device designed to
restrain children weighing 50 pounds or less); certain school bus
equipment, including ``stop signal arm'' (which is a traffic control
device) and ``crossing control arm'' (which is a device to keep
children within the line of sight of the driver when crossing in front
of the bus), and such terms as ``training,'' ``driver qualifications,''
``Transportation Supervisor'' and ``Bus Monitor,'' which define the
staffing requirements for the transportation component.
Subpart B--Transportation Requirements
Section 1310.10--General
This section contains the general requirements for the provision of
transportation services for Head Start families.
Paragraph (a) of this section requires that all Head Start agencies
that provide transportation services either directly, through agency
owned or leased vehicles, or through contract with a public or private
provider must meet the requirements of this part. (Please note that the
definition of ``transportation'' deliberately excludes the transporting
of small groups of children to and from medical appointments or other
program services, and other ``incidental'' transportation, such as
transporting a sick child home, which are outside of the scope of this
regulation.)
Paragraph (b) requires Head Start agencies to document their
decision not to provide transportation to all or a portion of their
enrollment. It also requires that such a decision must be reviewed and
updated annually. This documentation is needed in order to have on file
evidence of compliance. We expect that the regular oversight of the
Policy Council in matters relating to the proper functioning of a Head
Start program will serve as a review of the agency's decision not to
provide transportation. Since the work of the Policy Council is already
a part of the operation of each Head Start Program, we did not
reference the Policy Council in this rule.
We realize the difficulties some programs, especially rural
programs, will face in making the decision of whether or not to provide
transportation. There are cases where a single child needs
transportation for a long distance or where several children's homes
are widely scattered. These cases raise issues both about the cost of
providing transportation and about the desire not to keep a Head Start
eligible child out of the program for lack of transportation. We are
particularly interested in comments on these problems and potential
solutions. For example, should there be a ``reasonableness exception
clause'' for individual cases such as the single child a living long
distance from the center? And if there is a reasonableness clause, what
transportation requirements should be in effect (e.g., age-appropriate
restraints and placement in the vehicle)?
Paragraph (c) requires Head Start agencies which do not offer
transportation to offer assistance in arranging for transportation
services to Head Start families.
Paragraph (d) requires each Head Start program to have a
Transportation Supervisor. In most Head Start programs, this
responsibility is currently with the Head Start Director who, in some
cases, lacks the expertise and the time to deal with the many facets of
transportation. Therefore, we believe it is essential to have a staff
person assigned specifically to this function so that funds are set
aside in each program's budget for hiring such a person, if necessary.
Paragraph (e) requires that every Head Start vehicle have a bus
monitor (more, if necessary for disabled children), either a paid staff
member or a volunteer, on the vehicle at all times when children are on
board. A bus monitor is essential to assuring the safe transport of
this age group of children and will assist with the seating and
unseating of children in the child restraint systems, managing the
behavior of the children while the bus is in motion and for assisting
the driver in case of emergency. In some instances it may be necessary
to have more than one monitor. While we did not specifically regulate
in this area, we invite comment on the appropriate ratio of monitor to
child.
Paragraph (f) requires Head Start agencies to report all accidents
involving Head Start vehicles with or without children on board in
accordance with State procedures. Accident reporting is a critical part
of improving school bus safety, both in terms of vehicle safety and
vehicle operations.
Paragraph (g) requires that Head Start vehicles be equipped with
communications equipment, such as a citizen band radio, to call for
assistance in case of an emergency.
Paragraph (h) requires that Head Start vehicles which operate in
areas with extreme heat or cold be equipped with air conditioning,
``winter packs'' or other specialized equipment as appropriate to
ensure the safety and comfort of the passengers.
Paragraph (i) provides the requirements for release of the children
at the end of the day, either from the classroom or at the vehicle
stop, to a duly authorized adult. Since the Head Start program is
responsible for the care and safety of the children from the time they
first enter the custody of the Head Start staff until they are returned
to the custody of the parent or guardian, this provision is included to
ensure that children are released only to duly authorized persons. This
provision is extended to the non-transported child because it does not
appear anywhere else in the Head Start regulations. [[Page 31615]]
Section 1310.11--Vehicles
This section specifies the minimum requirements for all Head Start
vehicles used to transport groups of children to and from the
classroom, to home-based socializations, to group health screening and
on field trips or other group activities scheduled by the Head Start
staff.
The requirements in this provision come from three sources. The
Federal Motor Vehicle Safety Standards (FMVSS) (49 CFR part 571), set
performance standards applicable to motor vehicles as defined in 49
U.S.C. 30102(a)(6) and include standards specifically applicable to
school buses. These regulations are binding on Head Start grantees
operating transportation programs by virtue of their issuance by the
National Highway Traffic Safety Administration (NHTSA).
Head Start vehicles seating more than 10 persons are considered
school buses by NHTSA for purposes of compliance with the FMVSS. It is
a violation of 49 U.S.C. 30112 for a vendor to sell a vehicle which
does not comply with the FMVSS. Another source is Highway Safety
Guideline 17 (23 CFR Part 1204) issued by NHTSA and the Federal Highway
Administration (FHWA). This document is a set of recommendations to
States concerning their policies on the operation of school buses. The
proposed regulations would make these recommendations binding on Head
Start grantees, except for certain requirements which are only binding
``to the extent allowable under State law.'' Finally, there are also
requirements in the regulations on the design and operation of vehicles
which are imposed by ACF and are in addition to the requirements in
Highway Safety Guideline 17 and the FMVSS.
Paragraph (a) requires that all Head Start vehicles comply with
recommendations regarding ``school buses,'' as contained in Guideline
17, except as provided otherwise in this regulation. The National
Highway Traffic Safety Administration (NHTSA) has implemented the
statutory definition of ``school bus'' which reads in part ``a
passenger motor vehicle which is designed to carry more than 10
passengers * * *'' (Motor Vehicle and Schoolbus Safety Amendments of
1974, Pub. L. 93-492, 88 Stat. 1470).
We have included this requirement for two reasons. First, experts
agree that school bus transportation is one of the safest forms of
transportation of school-age children. According to the National Safety
Council's ``Accident Facts (1991), in 1989, fatality rates per hundred
million passenger miles were 1.12 for passenger cars and 0.04 for
school buses. Also in 1989, passenger cars were involved in 72.3
percent of all traffic crashes and 61.2 percent of all fatal crashes;
whereas school buses were involved in only .2 percent of all traffic
crashes and in .2 percent of all fatal crashes. Therefore, in addition
to the requirement regarding the use of school buses, we have
explicitly prohibited the use of small vans and the use of passenger
cars in transporting Head Start children.
Secondly, NHTSA, in its interpretation of Guideline 17, has
consistently maintained, from the inception of the FMVSS's for school
buses, that Head Start programs are ``schools'' under the National
Traffic and Motor Vehicle Safety Act and that Head Start children
should only be transported on school buses that meet the FMVSS.
Paragraph (b) reiterates the requirement under 49 CFR part 571 as
interpreted by NHTSA that Head Start vehicles seating more than 10
persons be constructed in compliance with the Federal Motor Vehicle
Safety Standards (FMVSS) applicable to school buses. It also
establishes minimum requirements for equipment on these vehicles,
including emergency equipment and supplies, and requirements on the
arrangement of exterior mirrors and specialized equipment including
equipment for persons with disabilities as necessary. The latter
requirements are imposed by ACF and are in addition to the
recommendations in Highway Safety Guideline 17 and requirements in the
FMVSS.
Paragraph (c) contains additional requirements for vehicle marking
(such as color and lettering) and equipment (such as a stop signal arm
and signal lamps) which were taken from Guideline 17 and are
applicable, if permissible within State law. It is our intent to have
every Head Start vehicle qualify to operate as a school bus, which
means being marked and equipped as a school bus and having all the
rights and privileges of a school bus on the streets and highways,
including stopping traffic to load and unload children. However, we are
aware that some States do not permit Head Start programs to operate
school bus-like buses since they are not ``schools'' by State
definition. This potential for variation among the States is,
therefore, taken into account in the separate requirements contained in
paragraphs (a) and (b). To assist Head Start programs in this regard,
the Head Start Bureau has written to each of the State Directors of
Pupil Transportation requesting information about their State pupil
transportation requirements, and this information is being analyzed to
determine where barriers to this goal exist and to develop plans, State
by State, for overcoming these barriers.
Paragraph (d) contains a process for grantees to follow to assure
that manufacturers and vendors of vehicles comply with the FMVSS,
including a clear statement of the intended use of the vehicle in the
bid announcement and a prescribed procedure for examining the vehicle
at the time of delivery. Therefore, it is a violation of Federal law
for a vendor to knowingly sell a vehicle seating more than 10 persons
to a Head Start program that does not meet the FMVSS when the intended
use of that vehicle is made clear at the beginning of the transaction.
(49 U.S.C. 30112)
Paragraph (e) specifies that vehicles in use which do not comply
with the FMVSS must be replaced as soon as possible. We believe this
can be accomplished within the three year phase-in period (Sec. 1310.2)
now that, in accordance with 42 U.S.C. 9839(g)(2)(C), Head Start funds
may be used for capital expenditures (including paying the cost of
amortizing the principal and paying interest on loans) to purchase
vehicles used for programs at Head Start facilities. This new
authorization makes it possible for Head Start programs to plan more
effectively and spread out their expenses over several funding periods.
It also substantially reduces the amount of funds necessary to be
allocated to transportation in the fiscal year in which these
regulations become a Final Rule.
Paragraphs (f) through (j) prescribe specific passenger safety
requirements while the vehicle is in motion. They require that all
persons be seated while the vehicle is in motion, that baggage and
other transported items be properly stored, and prohibit the use of
auxiliary seating of any kind. Most importantly, paragraph (h) requires
the use of seat belts by drivers and bus attendants and paragraph (i)
requires the use of child restraints for all children. These
requirements are being imposed by ACF.
The Highway Safety Program Guideline No. 17 recommends that
``Passengers in school buses and school-chartered buses with a gross
vehicle weight rating (GVWR) of 10,000 pounds or less should be
required to wear occupant restraints (where provided) while the vehicle
is in motion.'' (Citation: Guideline 17, Section C.2.e.(5)) We believe
that properly installed and properly used child restraints provide the
maximum safety for Head Start children. It is our understanding that
the bus [[Page 31616]] manufacturers have recently begun to test new
designs specifically for transporting pre-school children. Therefore,
going beyond the recommendations of Guideline 17, we are requiring the
use of child restraint systems on all Head Start vehicles and that they
meet the performance standards in the FMVSS, 49 CFR 571.213.
Paragraph (k) contains the requirements for safety inspection and
routine maintenance of vehicles. They require the establishment of
procedures for routine preventive maintenance, daily pre-trip
inspections by the driver, and third party inspections at least once a
year. These requirements are adapted from the recommendations in the
National Standards for School Buses and School Bus Operations.
Section 1310.12--Driver Qualifications
Paragraph (a) of this section prescribes the minimum qualifications
for drivers of Head Start vehicles, which include a minimum age of 21,
a Commercial Driver's License (CDL), and all other screening
requirements (e.g. physical, mental, moral, drug and alcohol abuse,
etc.) established by their respective State. All drivers who operate a
vehicle designed to carry 16 or more passengers were required by the
Federal Highway Administration's (FHWA) Commercial Driver License
Standards to have a valid commercial driver license by April 1962, and
most Head Start drivers fall into this category. However, it is
possible that some Head Start programs may operate vehicles that carry
less than 16 passengers, since the definition of a bus includes smaller
vehicles that carry 10 or more passengers. We believe that the
screening procedures and the knowledge and skills tests required for
obtaining a CDL are an important step in assuring that only the most
qualified people are employed as Head Start drivers. Therefore, we are
including the CDL as a requirement here in order to extend the
requirement to all Head Start drivers, regardless of the size of the
vehicle.
Paragraph (b) requires programs to establish their own applicant
screening procedures. Paragraph (c) (1)-(4) provides a list of the
elements which should be included in each agency's screening process,
such as an application with educational background, employment history
and personal references, an interview procedure, a check of the
applicant's driving record through the National Driver Registry and the
State Department of Motor Vehicles, a physical examination, and a test
of visual acuity.
Under the CDL program, drivers of vehicles involved in purely
intrastate commerce (as is the case for almost all Head Start drivers):
(1) Are only required to pass the knowledge and skills test for the
particular vehicle they will be operating; and (2) are exempt from the
age and physical qualifications requirements contained in 49 CFR part
391, ``Qualifications of Drivers.'' This means that drivers of Head
Start vehicles need only comply with their respective State standards
in these two areas, which vary considerably from State to State. In
some States the minimum age to drive a school bus is 16. We have chosen
to adopt the minimum age requirement (21) contained in 49 CFR part 391
as the minimum age for drivers of Head Start vehicles. Some States have
minimal or no physical qualifications standards for school bus drivers.
Therefore, we are proposing to require that a physical examination,
performed by a licensed doctor of medicine or osteopathy, be included
in the screening procedures. We believe this is necessary to assure
that Head Start vehicles are operated by mature and physically able
individuals.
Section 1310.13--Driver Training
This section contains the pre-service and in-service training
requirements for Head Start drivers.
The number of hours of training are the same as those recommended
in the National Standards for School Buses and School Bus Operations.
It specifies that Head Start drivers must have a minimum of 40 hours of
skills training (a combination of classroom and behind-the-wheel
instruction) prior to transporting children. The content areas include
safe operation of the vehicle, how to run a fixed route, first aid,
handling emergencies, operating special equipment, conducting routine
maintenance and keeping accurate records. In addition to the skills
training requirements, drivers must receive an orientation to the goals
and objectives of Head Start, instruction on the role of the Head Start
driver as part of the Head Start team, and specific instruction on the
Head Start Performance Standards for Children with Disabilities as they
relate to the provision of transportation services.
The proposed rule also requires a minimum of 8 hours of in-service
training annually to maintain driver skills, enhance the driver's
ability to perform daily tasks, and assist the transportation staff in
staying abreast of information and/or developments in transportation
technology.
The proposed rule requires Head Start agencies to be knowledgeable
of driver training requirements in their respective State and to take
whatever steps are necessary for their drivers to qualify to operate
Head Start vehicles as school buses. The requirement in this section,
along with Sec. 1310.11 (b) and (c), reflect our belief that the
ability to operate Head Start vehicles as school buses, from the
standpoint of the driver as well as the vehicle, adds significantly to
the level of safety.
As with the driver qualifications requirements discussed in the
previous section, we know that there is significant variation among the
States in their driver training requirements. Some States, in fact,
have no training requirements, while other States have comprehensive
training programs which reflect the recommendations in Guideline 17 and
the National Standards for School Bus Operations. Paragraph (e) of this
section, therefore, requires Head Start agencies, in the absence of an
appropriate State or local training program, to obtain the necessary
training from other sources or develop their own training programs
using the National Standards for School Bus Operations and/or the NHSTA
driver training curriculum as a guide. We are aware of the difficulties
this may present for some programs in the short term and believe the
phase in period will be helpful. We are also aware of the need to
assist Head Start programs in this area, and will be providing
technical assistance, as needed, and further guidance in the future.
The remaining paragraphs of this section require current drivers of
Head Start vehicles to meet the same training requirements as new
drivers within three months of the effective date of this rule, require
drivers to be evaluated annually by the Transportation Supervisor, and
require bus monitors to receive the same classroom training as drivers.
Subpart C--Special Requirements
Section 1310.20--Trip Routing
This section prescribes the minimum requirements for determining
and traveling the fixed routes to be used on a daily basis to transport
children to and from the classroom. In its Special Report 222,
``Improving School Bus Safety,'' the Transportation Research Board,
National Research Council stated: ``The principles of school bus
routing are well known. They should be consciously applied and should
not be sacrificed for operational efficiency, student convenience, or
political expediency.'' Paragraph (a) of this proposed section
[[Page 31617]] requires that the primary consideration in the
determination of the fixed routes be the safety of the children. The
basic principles included in paragraph (a)(2)-(6) are adopted from the
National Standards for School Bus Operations and Special Report 222.
They include such requirements as locating stops to minimize traffic
disruptions and to minimize the need for children to cross in front of
the bus. Where children are required to cross the street to board or
exit the bus, there are strict procedures for escorting children across
the street or highway. Loading of vehicles beyond their capacity is
prohibited, as is arrangement of routes such that vehicles would be
required to back up or negotiate ``U'' turns.
Finally, paragraph (a)(1) of this section limits the amount of time
children may be in transit to and from the classroom to one hour in
each direction. Anything beyond one hour is considered in terms of
``best practice'' to be detrimental to the quality of the pre-school
experience for the children.
Section 1310.21--Safety Education
According to Special Report 222, most child deaths in school bus-
related accidents occur off the bus in school bus loading zones,
resulting in the need for safety education programs that specifically
address appropriate behavior in school bus loading zones. Likewise,
Guideline 17 includes the recommendation that ``All children should be
instructed in safe transportation practices for walking to and from
school.''
This section prescribes the safety training to be provided to
children and their parents in both pedestrian safety and safe riding
practices. It requires that the initial transportation and pedestrian
safety training for children and parents occur within the first five
days of the program year. It requires Head Start agencies to teach the
parents what is being taught to the children so that safe pedestrian
behavior can be reinforced in the home and during non-school hours.
This section also requires Head Start agencies to instruct children
in safe riding practices (including the use of the child restraint
system), safety procedures for boarding and leaving the bus and in
crossing the street in front of the bus, and in recognizing the danger
zones around the bus. Children must be instructed in emergency
evacuation procedures and participate in at least three emergency
evacuation drills over the course of the year.
Finally, this section requires classroom teachers to develop
activities to remind children of the safety procedures prior to
departing the classroom at the end of the day.
Section 1310.22--Children With Disabilities
This section cross-references the proposed rules for transportation
with the Head Start Program Performance Standards on Services for
Children with Disabilities. It places joint responsibility for
compliance on the Disabilities Coordinator and the Transportation
Supervisor and requires that any special transportation requirements
for children with disabilities, such as special pick-up and drop-off
locations, special seating requirements, special equipment, etc., be
specified in the Individual Education Plan for the child.
Section 1310.23--Coordinated Transportation
The Administration for Children and Families is a participant in
the Joint Department of Health and Human Services/Department of
Transportation Coordinating Council on Human Services Transportation,
which was formed in October 1986 through a Memorandum of Understanding
between the Department of Health and Human Services and the Department
of Transportation. One of the goals of the Council is to achieve the
most cost effective use of Federal, State and local resources for
specialized and human services transportation. The requirements in this
section are designed to promote this goal.
This section requires Head Start agencies, whenever possible and to
the extent feasible, to coordinate transportation resources with other
human services transportation agencies in the community in order to
control costs and to maximize the quality and extent of transportation
services provided to Head Start families.
This section also requires Head Start agencies to determine the
true cost of providing transportation services in their locality so
that they can make knowledgeable choices between transportation
options. Additionally, it requires Head Start agencies to be proactive
in serving on local transportation councils, or in forming a local
council where none exists, in order to promote the concept of
coordinated transportation.
We acknowledge that the degree and manner to which Head Start
programs participate in coordinated systems may, to some extent, depend
upon whether or not the services provided by the coordinated system
comply with these standards. As drafted, this proposed rule requires
that if a Head Start agency is using a coordinated system, they have to
be sure that the system is operating the way the rule proposes. We want
to continue to support coordination as much as possible without
undermining concerns for the safety of Head Start children. However, we
are concerned that there are now children, especially geographically
isolated children, being served through coordinated systems which may
not meet the safety standards contained in this proposed rule.
Therefore, we are especially interested in soliciting comments on this
issue. For example, should there be a ``reasonableness exception
clause'' for individual cases in which a child might otherwise remain
unserved by Head Start? If so, what rules should apply?
V. Impact Analysis
Executive Order 12866
Executive Order 12866 requires that regulations be drafted to
ensure that they are consistent with the priorities and principles set
forth in this Executive Order. The Department has determined that this
rule is consistent with these priorities and principles. This Notice of
Proposed Rulemaking implements the statutory authority to promulgate
regulations for the safe transportation of Head Start children.
Congress made no additional appropriation to fund this new authority,
however, and so any money spent toward the purchase of vehicles,
additional personnel, training or other purposes related to this
regulation is money that would have been spent otherwise by the program
or other programs from the same appropriation amount. We believe that
we have focused these proposed rules in ways that encourage maximum
cost-effectiveness in transportation spending decisions. We request
comments on possible improvements.
Regulatory Flexibility Act of 1980
The Regulatory Flexibility Act (5 U.S.C. Ch. 6) requires the
Federal government to anticipate and reduce the impact of rules and
paperwork requirements on small businesses. For each rule with a
``significant economic impact on a substantial number of small
entities'' an analysis must be prepared describing the rule's impact on
small entities.
Small entities are defined by the Act to include small businesses,
small non-profit organizations and small governmental entities. These
regulations would affect small entities. However, it should be noted
that many grantees already provide transportation services in
accordance with State and local requirements. We believe meeting these
[[Page 31618]] proposed requirements would not be burdensome to them
because we are providing a three year phase-in period for compliance
with one exception pertaining to training for current Head Start
drivers, for which we propose a 90 day compliance period. The financial
burden on grantees who acquire vehicles that meet the standards in
these proposed regulations will be eased by a new provision in the Head
Start Act which authorizes the Secretary to allow Head Start grantees
to use grant funds to pay the cost of amortizing the principal and the
interest on loans to finance the purchase of vehicles (42 U.S.C
9839(g)(2)(C)). We also believe that as grantees become more familiar
with these requirements, there will be no ongoing burden. For these
reasons, the Secretary certifies that these rules will not have a
significant impact on substantial numbers of small entities.
Paperwork Reduction Act
Under the Paperwork Reduction Act of 1980, Pub. L. 96-511, all
Departments are required to submit to the Office of Management and
Budget (OMB) for review and approval any reporting or record-keeping
requirement inherent in a proposed or final rule. This NPRM contains
new information collection requirements at Sec. 1310.10(b). We will
submit this section to OMB for review and approval.
Organizations and individuals desiring to submit comments on this
NPRM's compliance with the Paperwork Reduction Act should direct them
to the agency official designated for this purpose, whose name appears
in this preamble, and to the Office of Information and Regulatory
Affairs, OMB, New Executive Office Building (Room 3002), Washington,
DC. 20503, Attention: Desk Officer for the Administration for Children
and Families, HHS.
List of Subjects in 45 CFR Part 1310
Driver qualifications, Driver training, Head Start, Safety
education, Transportation, Vehicles.
(Catalog of Federal Domestic Assistance Program Number 93.600,
Project Head Start)
Dated: June 9, 1995.
Mary Jo Bane,
Assistant Secretary for Children and Families.
For the reasons set forth in the preamble, a new part 1310 is
proposed to be added to 45 CFR chapter XIII to read as follows:
PART 1310--HEAD START TRANSPORTATION
Subpart A--General
Sec.
1310.1 Purpose.
1310.2 Applicability.
1310.3 Definitions.
Subpart B--Transportation Requirements
1310.10 General
1310.11 Vehicles.
1310.12 Driver qualifications.
1310.13 Driver training.
Subpart C--Special Requirements
1310.20 Trip routing.
1310.21 Safety education.
1310.22 Children with disabilities.
1310.23 Coordinated transportation.
Authority: 42 U.S.C. 9801 et seq.
Subpart A--General
Sec. 1310.1 Purpose.
This part prescribes regulations implementing section 640(i) of the
Head Start Act (42 U.S.C. 9801 et seq.) as it applies to grantees and
delegate agencies operating Head Start programs under the Act. It
prescribes new requirements for the transportation of Head Start
children to and from the classroom and to special events, such as field
trips and other group events, which take place away from the classroom
but are an integral part of the scheduled activities for children. It
describes the safety standards for vehicles used in the regular
transportation of Head Start children, as well as the qualifications
and training requirements for operators of those vehicles. It includes
general training requirements for drivers in their overall
responsibilities regarding children and parents in the daily operation
of the program. It also defines the role of Head Start agencies in
achieving greater cost effectiveness in the overall cost of providing
transportation through participation in local efforts to develop
coordinated transportation systems under the authority provided by
section 644 (a) and (c).
Sec. 1310.2 Applicability.
(a) This rule applies to all Head Start grantees and delegate
agencies that provide transportation services to enrolled children.
(b) Except for Sec. 1310.13(f) which becomes effective 90 days from
final publication, Head Start grantees and delegate agencies have up to
three years from the effective date of this part to comply with all of
the requirements of this part.
Sec. 1310.3 Definitions.
Crossing control arm means a device installed in the right side of
the front bumper of the bus such that, when the door of the bus is
opened to admit or discharge passengers, the control arm swings out for
a distance of several feet and becomes an obstacle that children must
walk around in crossing in front of the bus.
Stop signal arm means a device installed in the left side of the
bus, octagonal in shape with white letters and border and a red
background, and with a flashing lamp which is connected to the
alternately flashing signal lamp circuits.
Reverse beeper means a device which automatically sounds an
intermittent alarm whenever the bus is engaged in reverse.
Type I seat belt means a lap belt for pelvic restraint.
Type II seat belt means a combination of belts for pelvic and upper
torso restraint.
Driver means a person authorized by the responsible Head Start
program official to operate a school bus, including a paid employee, a
volunteer or a substitute for the person regularly assigned to operate
the vehicle.
Guideline 17 means the National Highway Traffic Safety
Administration (NHTSA)/Federal Highway Administration (FHWA) Highway
Safety Program Guideline 17, ``Pupil Transportation Safety'' (23 CFR
Part 1204).
Commercial Driver's License (CDL) means a license issued by a State
or other jurisdiction, in accordance with the standards contained in 49
CFR part 383, to an individual which authorized the individual to
operate a class of a commercial motor vehicle.
Bus monitor means a person with specific responsibilities for
assisting the driver in insuring the safety of the children on and off
the bus and for assisting the driver during emergencies.
National Standards for School Buses and School Bus Operations means
the recommendations resulting from the Eleventh National Conference on
School Transportation, May 1990, published by the National Safety
Council, Chicago, Illinois. The conference reconvenes every five years
to update the standards.
Winter packs are devices that are available from vehicle
manufacturers as extra equipment on vehicles that operate in areas of
extreme cold temperatures. These devices help maintain the ambient
temperature of the engine compartment in order to protect the engine
oil and coolant from the effects of extreme cold and to facilitate
starting of the vehicle.
[[Page 31619]]
Driver qualifications means the minimum health, education, code of
conduct and other similar requirements that must be demonstrated in
order to be eligible for employment as a Head Start driver.
National Driver Register, also called the Problem Driver Pointer
System, means the National Highway Traffic Safety Administration's
automated system for assisting State driver license officials in
obtaining information regarding the driving records of certain
individuals. Participation by the States is voluntary.
Fixed route means the established routes to be traveled on a daily
basis by Head Start vehicles to transport children to and from the Head
Start classroom, and which include specifically designated stops for
loading and unloading children.
Trip routing means the determination of the fixed routes to be
traveled on a daily basis for the purpose of transporting children to
and from the classroom.
Federal Motor Vehicle Safety Standards (FMVSS) means the National
Highway and Traffic Safety Administration's standards for motor
vehicles and motor vehicle equipment established under section 103 of
the Motor Vehicle Safety Act of 1966 (49 CFR Part 571) as they apply to
school buses.
Transportation Supervisor means a staff person who has overall
responsibility for the safe and efficient operation of the
transportation component as outlined in these requirements.
Child restraint system means any device except Type I and Type II
seat belts designed to restrain, seat, or position children who weigh
50 pounds or less as described in the FMVSS, 49 CFR 571.213.
Training means a prescribed course of instruction for drivers of
vehicles provided by persons certified to provide such instruction and
which includes a combination of classroom instruction and behind-the-
wheel instruction on a vehicle of the same type and same size the
driver will be operating. It also means instruction by qualified
professionals in the areas of vehicle maintenance, first aid and
emergency procedures.
Transportation means the transporting of children to and from the
classroom and to home-based socialization where children are picked up
and discharged at pre-arranged locations and at regularly scheduled
times. It also means the transporting of children on field trips,
health screening, or other activities scheduled by the Head Start
staff. Incidental transportation, such as might be required to
transport small groups of children to and from services or to transport
a sick child home before the end of the day, is excluded from these
regulations.
Coordinated transportation means the consolidation of
transportation resources within a community in order to eliminate
duplication, while providing the same, or increasing, the level of
transportation services or reducing unnecessary spending on
transportation services.
Vehicle means a school bus as defined in Guideline 17.
School bus loading zone means the designated pick and drop off
location at the Head Start center and any stop along the fixed route.
Subpart B--Transportation Requirements
Sec. 1310.10 General.
(a) All Head Start grantees and delegate agencies that provide
transportation services regardless of whether such transportation is
provided directly on agency owned or leased vehicles or through
contract with a private or public provider must meet the requirements
of this part.
(b) Head Start agencies that do not provide transportation
services, or that provide such services to only a portion of their
enrolled children, must document the reasons why they have decided not
to provide transportation, or to provide transportation to some
children and not to others. In addition agencies must review and update
this documentation annually.
(c) When the Head Start agency has decided not to provide
transportation services, either for all or part of the children, the
Head Start agency must provide whatever assistance is reasonable to
help families arrange transportation for their children to and from the
classroom. The specific types of assistance being offered must be made
clear to all prospective families in the program's recruitment
announcements.
(d) Each Head Start program must have either a full-time or part-
time Transportation Supervisor, or a staff person (with the time and
expertise to devote to this area) designated as the Transportation
Supervisor who is responsible for ensuring compliance with regulations
in this part.
(e) In addition to the vehicle's driver, each Head Start vehicle
must have a Bus Monitor on board at all times when transporting Head
Start children on a regular basis. Additional Bus Monitors also must be
provided as necessary to accommodate the needs of children with
disabilities.
(f) All accidents involving Head Start vehicles, with or without
children on board, must be reported in accordance with the State
procedures for reporting school bus accidents.
(g) Head Start vehicles must be equipped with a citizen band radio
or similar communication system to call for assistance in case of an
emergency.
(h) Head Start vehicles that operate in areas of extreme climatic
conditions should include such equipment as is necessary, such as air
conditioning, winter packs, or other specialized equipment as
appropriate to ensure the safe operation of the vehicle and the safety
and comfort of the passengers.
(i) At the end of the day, either at the classroom or at the
vehicle stop, children may only be released to the parent or legal
guardian, or other individual identified in writing by the parent or
legal guardian. Head Start programs should advise parents accordingly
at the time of enrollment, and maintain the names of authorized
persons, including alternates in case of emergency, in the case record
for the family. Child rosters must be maintained at all times to ensure
that no child is left behind, either at the classroom or on the bus at
the end of the route.
Sec. 1310.11 Vehicles.
(a) All vehicles used for the purpose of transporting Head Start
children (as defined in Sec. 1310.3 of this part) must comply with
recommendations regarding ``school buses,'' as contained in Guideline
17, except where provided otherwise in this regulation. (23 CFR part
1204, Highway Safety Guideline 17.) The use of small vans designed to
carry ten or fewer persons, including the driver, and the use of
passenger cars for the purpose of transporting children are prohibited
by this regulation.
(b) At a minimum, all vehicles used to transport Head Start
children to and from the classroom, to home-based socialization, to
group health screening, and on field trips or other activities
scheduled by the Head Start staff must:
(1) Comply with the Federal Motor Vehicle Safety Standards (FMVSS)
applicable to school buses;
(2) Be equipped with safety equipment for use in an emergency,
including a charged fire extinguisher that is properly mounted near the
driver's seat, and a first aid kit with signs indicating the location
of such equipment;
(3) Have a system of mirrors that conforms to the school bus
requirements [[Page 31620]] of FMVSS No. 111 (49 CFR 571.111) and
provides the seated driver with a view to the rear along both sides of
the bus and a view of the front bumper and the area in front of the
bus;
(4) Be equipped with a lower step panel at the primary point of
access to enable small children to step on and off the bus safely and
unassisted;
(5) Be equipped with reverse beepers; and
(6) Have specialized equipment, such as wheel chair lifts or other
assistance devices as necessary to guarantee equal access to disabled
children.
(c) To the extent allowable within State requirements, vehicles
owned, leased, or operated by Head Start must comply with the following
additional recommendations for identification and equipment of a school
bus contained in Guideline 17, as follows:
(1) Be identified with the words ``School Bus'' printed in letters
not less than eight inches high, located between the warning signal
lamps as high as possible without impairing visibility of the lettering
from both front and rear, and have no other lettering on the front or
rear of the vehicle except as required by Federal Motor Vehicle Safety
Standards (FMVSS), 49 CFR part 571;
(2) Be painted National School Bus Glossy Yellow, in accordance
with the colorimetric specification of National Institute of Standards
and Technology (NIST) Federal Standard No. 595a, Color 13432, except
that the hood should be either that color or lusterless black, matching
NIST Federal Standard No. 595a, Color 37038;
(3) Have bumpers of glossy black, matching NIST Federal Standard
No. 595a., Color 17038, unless, for increased visibility, they are
covered with a reflective material;
(4) Be equipped with a stop signal arm as specified in FMVSS No.
131(49 CFR 571.131) and a crossing control arm; and
(5) Be equipped with a system of signal lamps that conforms to the
performance requirements of FMVSS No. 108 (49 CFR 571.108).
(d) In order to insure that the manufacturers of Head Start
vehicles comply with the applicable FMVSS standards, Head Start
agencies must:
(1) Assure that bid announcements contain the correct
specifications for the vehicle(s) to be purchased, including a clear
statement of the intended use of the vehicle; and
(2) Have a prescribed procedure for examining new vehicles at the
time of delivery to assure that they are equipped in accordance with
the bid specifications and that the manufacturer's certification of
compliance with the FMVSS is in place.
(e) Head Start vehicles in use which do not comply with the FMVSS
and the minimum capacity requirement must be replaced or retired within
the three year period authorized by this regulation. (In accordance
with 42 U.S.C. 9839(g)(2)(C), with the permission of the Secretary,
Head Start funds may be used for capital expenditures (including paying
the cost of amortizing the principal and paying interest on loans) to
purchase vehicles used for programs conducted at Head Start
facilities.)
(f) All passengers on a Head Start vehicle must be seated while the
vehicle is in motion.
(g) Auxiliary seating, such as temporary or folding jump seats, is
prohibited.
(h) Drivers of Head Start vehicles, Bus Monitors, and other
passengers must wear seat belts while the vehicle is in motion.
(i) While the vehicle is in motion, all children must be seated in
a child restraint system appropriate to the height and weight of the
child as set forth in the performance requirements in FMVSS (49 CFR
571.213).
(j) Baggage and other items transported in the passenger
compartment must be properly stored and secured so that the aisles
remain clear and the doors and emergency exits remain unobstructed at
all times.
(k) Head Start vehicles must be maintained in safe operating
condition at all times. Procedures must be established for:
(l) A thorough safety inspection of each vehicle on at least an
annual basis through an inspection program licensed or operated by the
State;
(2) Performing systematic preventive maintenance on Head Start
vehicles; and
(3) Daily pre-trip inspection of the vehicle by the Head Start
driver.
Sec. 1310.12 Driver qualifications.
(a) In order to qualify to drive a Head Start vehicle, a person
must, at a minimum:
(1) Be at least 21 years old;
(2) Have a Commercial Driver's License (CDL) as granted by a State
pursuant to FHWA's Commercial Driver's License Standards (49 CFR part
383); and
(3) Meet all the physical, mental, moral and other requirements
established by Federal and State regulations, including requirements
regarding drug and/or alcohol misuse or abuse.
(b) Each Head Start program must establish its own applicant
screening procedure. Applicants must be advised of the specific
background checks required at the time application is made, and Head
Start agencies must have established criteria for the rejection of
unacceptable applicants.
(c) At a minimum, applicant screening procedures must include:
(1) An application which provides employment history, educational
background and personal references;
(2) An interview and screening procedure which, among other things,
is designed to determine that the person is of good moral character,
does not use intoxicating beverages to excess and does not use narcotic
and other illegal drugs;
(3) A check of the applicant's driving record through the State
Department of Motor Vehicles, including a check of the applicant's
record through the National Driver Register, if available in the State;
and
(4) A physical examination, performed by a licensed doctor of
medicine or osteopathy, to determine that the person possesses the
physical ability to operate a school bus based on the requirements in
their respective State.
Sec. 1310.13 Driver training.
(a) Driver training plans must include both pre-service and annual
in-service training programs.
(b) Pre-service training.
(1) All Head Start drivers must receive a minimum of 40 hours of
skills training prior to transporting children. Skills training should
encompass a combination of classroom instruction and behind-the-wheel
instruction sufficient to enable the driver to:
(i) Operate the vehicle in a safe and efficient manner;
(ii) Safely run a fixed route, including loading and unloading
children, stopping at railroad crossings and other specialized driving
requirements;
(iii) Administer basic first aid in case of injury;
(iv) Handle emergency situations, including school bus evacuation
procedures;
(v) Operate any special equipment, such as wheel chair lifts,
assistance devices or special occupant restraints;
(vi) Conduct routine maintenance and safety checks of the vehicle;
and
(vii) Maintain accurate records.
(2) In addition to the skills training, pre-service training should
include:
(i) An orientation to the goals and objectives of Head Start with
an emphasis on the educational and developmental needs of children;
(ii) The role of the Head Start Driver in providing a supportive
social and [[Page 31621]] emotional climate for children and in
supporting the role of parents in the Head Start program; and
(iii) An overview of the Head Start Program Performance Standards
for Children with Disabilities as they relate to the provision of
transportation services for disabled children.
(c) In-service training.
(1) Head Start drivers should receive a minimum of 8 hours of in-
service training per year.
(2) In-service training plans should be designed to maintain driver
skills, enhance the driver's ability to perform day-to-day duties and,
generally, assist the transportation staff in keeping abreast of new
information and/or new developments in transportation technology.
(d) Head Start programs must be knowledgeable about the driver
training requirements in their respective State and must take whatever
steps are necessary in order for Head Start drivers to qualify to
operate Head Start vehicles as school buses on the streets and highways
in their respective State.
(e) In those States with driver training requirements that do not
meet the minimum requirement set forth in Sec. 1310.13 (b) and (c) of
this part, Head Start programs must obtain the additional training from
other sources or establish their own training programs. In such cases,
it is recommended that the National Standards for School Buses and
School Bus Operations be used as a guide in the selection and/or
development of driver training programs.
(f) Drivers of Head Start vehicles who are employed at the
effective date of this regulation are required to meet the same pre-
service training requirements as new drivers, within three months of
the effective date of this regulation.
(g) Head Start drivers must be evaluated on an annual basis by the
Transportation Supervisor, including an on-board observation of road
performance.
(h) Bus Monitors should receive the same pre-service and in-service
training as bus drivers, with the exception of the behind the wheel
instruction.
Subpart C--Special Requirements
Sec. 1310.20 Trip routing.
(a) In planning routes for the transporting of children to and from
the classroom, maximum safety of the children must be the primary
consideration. Safety principles may not be sacrificed for operational
efficiency.
(b) At a minimum, the following basic principles of trip routing
must be adhered to at all times:
(1) The time a child is in transit to and from the Head Start
classroom may not exceed one hour each way, unless specifically
approved in writing by the respective Regional Office.
(2) The number of children to be picked up or discharged on a given
route may not exceed the capacity of the vehicle. Vehicles may not be
loaded beyond their capacity at any time.
(3) Vehicles should not be required to back up on their routes or
to negotiate ``U'' turns.
(4) Stops should be located to minimize traffic disruptions and to
afford the driver a good field of view in front of and behind the
vehicle.
(5) Stops should be located to minimize the need for children to
cross the street or highway to board or leave the vehicle.
(6) If children must cross the street or highway to board the bus
or after exiting the vehicle, they must be escorted across the street
by the driver, bus monitor or another adult. Before escorting children
across the street, the driver must turn on the flashing lights, set the
emergency brake, turn the engine off, and remove the key from the
ignition. Under no circumstances may bus stops be located such that
children must cross the street or highway unless the vehicle is
properly equipped to stop traffic as described in Sec. 1310.11(c)(1)-
(5) of this Part.
(7) Specific procedures must be established for use of alternate
routes in the case of hazardous weather conditions or other situations
which may arise that could effect the safety of the children en route.
Sec. 1310.21 Safety education.
(a) In walk-in areas, the parent or other designated individual is
ultimately responsible for the safety of their own child en route to
and from the classroom. However, Head Start programs must provide
training for parents and children in pedestrian safety. All Head Start
children should be taught, by explanation and by example, the proper
procedure for street crossing and the use of traffic and pedestrian
signal lights, except that, under no circumstances, should such
training encourage pre-school children to cross the street alone.
(b) Each child transported from home to the classroom in a school
bus must receive instruction in:
(1) Safe riding practices;
(2) Safety procedures for boarding and leaving the bus;
(3) Safety procedures in crossing the street to and from the bus at
bus stops;
(4) Recognizing the danger zones around the bus; and
(5) Emergency evacuation procedures, including an emergency
evacuation drill conducted on the bus the child will be riding.
(c) Training for parents must emphasize the importance of escorting
their child(ren) to the bus stop and the importance of reinforcing the
training provided to children regarding school bus safety.
(d) The training provided to parents must compliment the training
provided to children so that safety practices can be reinforced both in
the classroom and at home by the parent.
(e) Initial transportation and pedestrian safety education for both
children and parents must occur within the first five days of the
program year.
(f) At least two additional bus evacuation drills must be conducted
during the program year.
(g) Activities should be developed by the classroom teachers to
remind children of the safety procedures prior to departing the
classroom at the end of each day.
Sec. 1310.22 Children with disabilities.
(a) The Transportation Supervisor, in conjunction with the
Disabilities Coordinator, must ensure compliance with the Head Start
Program Performance Standards on Services for Children with
Disabilities (45 CFR part 1308) as they relate to transportation
services.
(b) Any special transportation requirements for children with
disabilities must be specified in the Individual Education Plan (IEP),
including:
(1) Special pick-up and drop-off requirements;
(2) Special seating requirements;
(3) Special equipment needs;
(4) Any special assistance that may be required; and
(5) Any special training for bus drivers and monitors.
Sec. 1310.23 Coordinated transportation.
(a) Whenever possible and to the extent feasible, Head Start
agencies and their delegates must coordinate transportation resources
with other human services agencies in the community in order to control
costs and to maximize the quality and extent of the transportation
services provided to Head Start families. At a minimum, Head Start
agencies must coordinate transportation services as follows:
(1) Identify the true costs of providing transportation in order to
knowledgeably compare the costs of providing transportation directly
versus contracting for the service;
(2) Where a coordinated public or private transportation system(s)
exists in [[Page 31622]] the community, serve on the local
transportation council or committee and fully explore coordination as a
viable transportation option;
(3) Where no coordinated public or private non-profit
transportation system exists in the community, make every effort to
identify other human services agencies also providing transportation
services and, where feasible, to provide the impetus for establishing a
local transportation coordinating council; and
(4) Maintain such records as are necessary to document compliance
with the coordination requirements and efforts to address
transportation needs in the community.
(b) [Reserved]
[FR Doc. 95-14621 Filed 6-14-95; 8:45 am]
BILLING CODE 4184-01-P
