[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]]

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Part VI





Department of Health and Human Services





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Administration for Children and Families



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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