Head Start Program

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