[Federal Register Volume 66, Number 12 (Thursday, January 18, 2001)]
[Rules and Regulations]
[Pages 5296-5315]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-1123]



[[Page 5295]]

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Part VIII





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; Final Rule

Federal Register / Vol. 66, No. 12 / Thursday, January 18, 2001 / 
Rules and Regulations

[[Page 5296]]


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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), DHHS.

ACTION: Final rule.

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SUMMARY: This final rule implements 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: 45 CFR 1310.11 and 1310.15(c) are effective January 20, 2004. 45 
CFR 1310.12(a) and 1310.22(a) are effective January 18, 2006. 45 CFR 
1310.2(c) and 1310.12(b) are effective February 20, 2001. The other 
provisions of this part are effective January 18, 2002.

FOR FURTHER INFORMATION CONTACT: Douglas Klafehn, Deputy Associate 
Commissioner, Head Start Bureau, Administration for Children, Youth and 
Families, P.O. Box 1182, Washington, DC 20013; (202) 205-8572.


SUPPLEMENTARY INFORMATION:

I. Program Purpose
II. Background and Purpose of Rule
III. Summary of Major Provisions of the Rule
IV. Rulemaking History
V. Section-by-Section Discussion of Comments
VI. Impact Analysis
VII. List of Subjects in 45 CFR Part 1310 Final Rule


SUPPLEMENTARY INFORMATION I. Program Purpose
    Head Start is authorized under the Head Start Act (the Act), Title 
VI, Subtitle A, Chapter 8 of the Public Law 97-35, the Omnibus 
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 programs provide comprehensive 
health, nutritional, educational, social and other services.
    Additionally, section 645A, of the Head Start Act provides 
authority to fund programs for families with infants and toddlers. 
Programs receiving funds under the authority of this section are 
referred to as Early Head Start programs. Programs are required to 
provide for the direct participation of the parents of enrolled 
children in the development, conduct, and direction of local programs. 
Parents also receive training and education to foster their 
understanding of and involvement in the development of their children.
    While Head Start is intended to serve primarily children whose 
families have incomes at or below the poverty line, or who receive 
public assistance, Head Start regulations permit up to 10 percent of 
the children in local programs to be from families who do not meet 
these low-income criteria. The Act also requires that a minimum of 10 
percent of the enrollment opportunities in each program be made 
available to children with disabilities. Such children are expected to 
participate in the full range of Head Start services and activities 
with their non-disabled peers and to receive needed special educational 
and related services.
    The Head Start Improvement Act of 1992 contained a provision that 
requires 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 included in 
its recommendations the development of ``* * * regulations to assure 
that safe and effective transportation services are available.'' 
Finally, In July 1999 the National Transportation Safety Board (NTSB) 
sent a letter to the Department of Health Human Services reporting 
findings from the investigation of four accidents in which children 
being transported in non-conforming vans were killed. One of the 
fatalities was a Head Start child. The NTSB issued clear 
recommendations to Head Start based on its findings. The NTSB's letter 
stated that ``when States allow children to be transported in vehicles 
not meeting Federal school bus construction standards, NHTSA's intent 
of protecting school children is undermined * * *. The Safety Board is 
firmly convinced that the best way to maximize pupil transportation 
safety is to require the use of school buses or buses built to 
equivalent occupant crash protection standards.'' The NTSB commented 
that the release of the Head Start Transportation ``* * * rulemaking 
should be expedited to prevent future injuries and fatalities to 
children enrolled in Head Start programs''. The specific 
recommendations included that ``Head Start children be transported in 
vehicles built to Federal school bus structural standards or the 
equivalent'' and that guidelines provided by the National Highway 
Traffic Safety Administration's Guideline for the Safe Transportation 
of Preschool Age Children in School Buses be mandated in the rule. The 
guidelines are related to child passenger restraint systems. The 
development of ``Performance Standards'' for Head Start transportation 
supports the goal of ensuring that children and families receive high 
quality Head Start services.

II. Background and Purpose of the Rule

    The authority for this final rule is found in sections 640(i) and 
644(a) and (c) and 645A(b)(9) of the Head Start Act (42 U.S.C. 9801 et 
seq.). Section 640(i) directs the Secretary to issue regulations 
establishing requirements for the safety features and the safe 
operation of vehicles used to transport children participating in Head 
Start programs. Section 645A(b)(9) requires that Early Head Start 
agencies comply with requirements established by the Secretary 
concerning design and operation of such programs. Sections 644(a) and 
(c) require the issuance of regulations setting standards for 
organization, management, and administration of Head Start programs.
    Since the inception of the program, most Head Start agencies have 
routinely provided transportation for some 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 provide guidance to programs on issues around 
transportation safety, but which do not require any action on the part 
of Head Start agencies. The following is a summary of that information:
    ACYF-IM-82-01, ``Bus Safety,'' issued on January 19, 1982. This 
Information Memorandum addresses the applicability of The National 
Highway Traffic Safety Administration's (NHTSA) Federal Motor Vehicle 
Safety Standards (45 CFR Part 571) to school buses with a seating 
capacity of eleven (11) or more. The Administration for Children, Youth 
and Families suggested that all buses purchased or leased to transport 
Head Start children meet the NHTSA standards.
    ACYF-IM-83-06, ``Transportation Safety,'' issued March 24, 1983. 
This Information Memorandum provided notification to Head Start 
programs of a Highway Accident Report prepared by the National 
Transportation Safety Board (NTSB) on an accident involving a Head 
Start vehicle. As a result of their

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investigation, 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 Federal Motor Vehicle Safety Standards (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 
that meet the FMVSS for school buses. 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 the impact on the overall quality of services provided 
to children and families and to assure them access to services, we 
strongly believe that transportation services in Head Start must meet 
safety and quality regulations. Many low income families who enroll 
children in Head Start have limited, if any, access to regular 
transportation. They often do not own, or cannot afford to operate, a 
vehicle. They frequently are geographically isolated from, or unable to 
afford, public transportation. Some communities do not provide any 
public transportation. Head Start transportation services may be 
required to ensure the enrollment and attendance of the highest need 
children.
    When Head Start children are transported to and from the program, 
it is important that the time spent in transit be safe and support Head 
Start learning experiences. In a typical rural Head Start program some 
children are transported over long distances and spend a significant 
part of their day en route to and from the classroom. Therefore, the 
time children spend on the vehicle should be 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 and documentation that significant 
variation exists among States in terms of whether or not drivers and 
vehicles that transport Head Start children are included under the 
purview of State school bus requirements.
    In developing this rule, the Head Start Bureau commissioned a 
survey 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 State 
regulations governing pupil transportation, 23 States responded that 
their Head Start programs are not covered, 10 States gave a conditional 
response and one (1) State did not know. The survey also indicated 
significant variation among the States 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, three States reported that driver training was handled at 
the local level, and three States reported no mandated training 
requirements for school bus drivers. More significantly, 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 differing requirements among the States, limits 
reliance on the States as the sole source of transportation safety 
standards for Head Start programs.
    Variation among the States in regulation of Head Start 
transportation services and oversight, was one of the primary 
determinants of our decision to develop minimum standards for all Head 
Start programs, regardless of the State or jurisdiction in which they 
operate.
    We have substantially revised the proposed rule by providing that 
within five years of the date of publication of these regulations, Head 
Start agencies must use for activities defined as ``transportation 
services'', either a school bus or an ``Allowable Alternate Vehicle.'' 
These two classes of vehicles are defined in the regulations under 
section 1310.3. The term ``Allowable Alternate Vehicle'' is used to 
describe a vehicle which complies with the FMVSS applicable to school 
buses related to crash survivability and mirrors, but does not meet the 
other FMVSS which apply to crash prevention, such as the requirements 
for flashing school bus lights and stop arms, or the provisions in 
Guideline 17 relating to the color of the vehicle and the use of lights 
and stop arms. All other parts of the regulation, with the exception of 
Section 1310.11 and Section 1310.15(a) which are effective three years 
from the date of publication and Sections 1310.2(c) and 1310.12(b) 
which are effective 30 days from the date of publication, are effective 
one year from the date of publication.
    The provisions that are effective in one year are important to 
child passenger safety and pose less burden to grantees than the 
vehicle, safety restraint, and monitor provisions. The Notice of 
Proposed Rulemaking included a three year phase-in period for all of 
the provisions with the exception of driver training. The NPRM invited 
comments about the feasibility of the three year period. The 
implementation periods that were selected for each provision resulted 
from review of the comments and analysis of current Head Start 
requirements. To improve transportation safety as quickly as possible 
where it was reasonable the implementation period was changed to one 
year.
    The additional category of vehicle was added to address two 
significant issues raised during the NPRM comment period. The first 
issue related to the fact that some States prohibit Head Start and 
other community based programs from using school buses. The second 
issue related to concerns raised by Community Transportation Agencies 
(CTAs) about their ability to continue serving Head Start programs if 
all Head Start agencies providing transportation services were required 
to use only school buses. Some CTAs operate vehicles which serve both 
Head Start grantees and other community organizations, and believe that 
using only school buses to provide transportation for Head Start 
programs would interfere with their ability to use the same vehicles to 
meet the needs of other segments of the community. Other groups, such 
as senior citizens, might object to the use of school buses to meet 
their needs, and it would be prohibitively expensive for the CTAs to 
have separate vehicles to meet the needs of Head Start programs and 
those of

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other groups. Reconciling the opposing issues related to vehicle 
structural safety took several years of painstaking work. Significant 
progress was accomplished through the contributions of the Joint 
Department of Health and Human Services and Department of 
Transportation Coordinating Council on Human Services Transportation 
(now known as the Coordinating Council on Access and Mobility). The 
development of the allowable alternate vehicle evolved through 
information exchange, inclusion of multiple perspectives, and 
willingness to compromise in order to improve the safety of children.
    We believe that recognizing an additional class of vehicle without 
the exterior crash avoidance features is appropriate since those 
features are not necessary to serving Head Start children. Under 
Section 1310.20(b)(6), children who must cross the street or highway to 
board or after exiting the vehicle because curbside drop-off or pick-up 
is impossible, must be escorted across the street by a bus monitor or 
other adult. The crash avoidance features are therefore unnecessary to 
ensure the safety of children being transported to and from Head Start 
programs.
    Formerly, NHTSA interpreted the statutes it is charged with 
enforcing to prohibit vendors from selling vehicles for use in 
transporting children enrolled in Head Start programs that do not meet 
the standards adopted pursuant to those statutes for school buses. The 
basis for this position was its interpretation of the term ``school'' 
in the definition of ``schoolbus'' appearing in 49 U.S.C. 30125(a)(1) 
to include Head Start programs.
    At the suggestion of the Head Start Bureau, NHTSA reconsidered its 
interpretation in light of the new wording added to the Head Start Act 
by the Coats Human Service Reauthorization Act of 1998, Section 102, 
Pub. L. 105-285, 112 Stat. 2702, 2703. The statute amended Section 636 
of the Head Start Act (42 U.S.C. 9831) to provide that ``[i]t is the 
purpose of this subchapter to promote school readiness by enhancing the 
social and cognitive development of low-income children through the 
provision, to low-income children and their families, of health, 
educational, nutritional, social, and other services that are 
determined, based on family needs assessments to be necessary.'' 
(Emphasis added.) In view of the rewording of the statute, NHTSA agreed 
that it was no longer appropriate to consider the Head Start program to 
be a school program.
    The change in NHTSA's position made it possible for the Head Start 
program to authorize use of a separate category of vehicle, the 
``Allowable Alternate Vehicle'', to transport children enrolled in Head 
Start programs. The Allowable Alternate Vehicle symbolizes the 
cooperative approach adopted by the Departments of Transportation and 
Health and Human Services, over the course of nearly a decade, to solve 
the complicated problems related to improving the safety of Head Start 
transportation services.
    Vehicles meeting the specifications of Allowable Alternate Vehicles 
are currently in use in some States that prohibit Head Start programs 
from using school buses. These vehicles also may be used in States 
where Head Start is not included under pupil transportation regulations 
and a program chooses a vehicle with the structural features, but not 
the appearance, of a school bus. The Head Start Bureau anticipates that 
manufactures will be able to meet the increased demand for alternate 
vehicles because school bus manufacturers currently produce such 
vehicles.
    In the development of the rule, we have, with only minor 
variations, adopted a number of the relevant provisions of Guideline 17 
and have referenced several of the Federal Motor Vehicle Safety 
Standards applicable to school buses. This final rule was developed 
through ongoing consultation with the National Highway Traffic Safety 
Administration on the application of the FMVSS and Guideline 17 to Head 
Start programs.
    It should be noted that we do not want to place Head Start agencies 
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 consulted with the National Association of State Directors 
of Pupil Transportation throughout the development of this rule.
    Where Guideline 17 lacked specificity or was silent on some aspect 
that is important for transporting Head Start children, we relied on 
other resources, such as the National Standards for School Bus 
Operations, in determining regulatory criteria. For example, the 
regulation includes requirements for the content of driver training and 
rules for trip routing. The Transportation Research Board's (TRB) 
Special Report 222 provided valuable information regarding the use of 
seat belts on school buses, 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 TRB'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 less 
than 10,000 pounds (which is the class of vehicle most frequently used 
by Head Start programs) use occupant restraints, raises an issue of 
special significance to the safe transportation of Head Start children. 
The use of standard Type I (lap) and Type II (lap and shoulder) 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 rule. Our decision 
to include this requirement is based on consultation with organizations 
such 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. The 
regulation provides that within three years of its publication, all 
vehicles must be equipped for use of child restraint systems. In some 
instances, this may require replacement of existing vehicles. While the 
regulation allows up to five years to use school buses or allowable 
alternate vehicles, the full five years will not be available if 
vehicles are being used that cannot accommodate, or be safely 
retrofitted to accommodate child restraint systems. We recognize the 
financial effect that a three year versus a five year implementation 
period may have for some grantees. We urge grantees to evaluate 
existing vehicles for capacity to accommodate child restraint systems 
and plan accordingly. The use of child restraint systems for children 
weighing 50 pounds or less is critical to their safety.
    We have excluded the transportation provided under the Head Start 
and Early Head Start home-based program option from the requirement for 
use of school buses or allowable alternate vehicles, and the 
requirements on driver qualifications and bus monitors. In the home-
based option, it may only be necessary to transport parents and 
children to twice monthly group socializations and other program 
activities. Usually, the transportation is provided in a vehicle other 
than a school bus driven by the home visitor, although many programs 
already use

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school buses to transport children enrolled in home-based programs. We 
anticipate that programs already using school buses will continue the 
practice. Programs will also need to comply with other requirements of 
the regulations when transporting children enrolled in home-based 
programs. We also expect that as more grantees acquire school buses and 
allowable alternate vehicles for use in transporting children enrolled 
in other program options, they will make available to children enrolled 
under the home-based option the same transportation services provided 
to children enrolled under other program options. We are, however, 
reluctant at this time to apply the same requirements under the home-
based option as other options because local circumstances may at times 
make it impossible to comply fully with the requirements of the 
regulations. There may be situations, for example, in rural communities 
with widely dispersed populations when it will not be possible for a 
grantee to coordinate its use of vehicles to provide the necessary 
services using school buses or allowable alternate vehicles to meet the 
needs of children enrolled in the home-based option as well as those 
enrolled under the other options that it operates.
    It should be noted that the requirements in the regulation which 
are generally applicable to Head Start, Early Head Start and delegate 
agencies, such as the requirements for safety education in 45 CFR 
1310.21, the requirement for release of a child to a parent, legal 
guardian, or other individual identified in writing by the parents in 
45 CFR 1310.10(g) and the use of appropriate child restraint systems in 
45 CFR 1310.11, apply to services under the home-based option.
    We recognize that implementing this regulation will require 
programs to learn its provisions and determine their application in 
reference to existing State regulations. There are a variety of 
resources available to support agencies. The Head Start Act requires 
that an allotment of Head Start and Early Head Start funding be 
dedicated to training and technical assistance for staff and parents. 
This is accomplished through a variety of avenues, many of which will 
be instrumental in supporting grantees as they adopt the provisions of 
the transportation regulation. The training and technical assistance 
network consists of local, regional, and national resources. Each 
region has a Quality Improvement Center (QIC) which supplies the Head 
Start and Early Head Start programs in its region with a variety of 
training opportunities that are responsive to program needs and 
emerging issues. Several of the QIC staff have become experts in 
transportation issues based on the current needs of grantees they 
serve. The Head Start Publications Management Center provides the 
vehicle for distributing information material to all of the Head Start 
and Early Head Start Grantees and delegate agencies. Materials offered 
by the Publications Center include the ``Transportation Tool Kit'' 
which was developed to provide Head Start programs with resources and 
information related to transportation services. There are also various 
training opportunities available through each State's Department of 
Transportation and several national organizations, including the 
International Center for Injury Prevention and the Community Transit 
Assistance Program, have volunteered to participate in providing 
training to Head Start programs. The National Highway Traffic Safety 
Program offers extensive training resources and has already been 
involved in providing materials to Head Start programs. The NHTSA 
document entitled ``Guideline for the Safe Transportation of Pre-school 
Age Children in School Buses'' was distributed to all grantee and 
delegate agencies in 1999.

III. Summary of the Major Provisions of the Rule

    A summary of the major provisions of the final rule follows. The 
rule:
    <bullet> Establishes requirements for transportation services for 
all Head Start, Early Head Start and delegate agencies that transport 
children to and from program activities;
    <bullet> Requires that, beginning five years from the publication 
of the regulation, vehicles used to provide transportation services to 
Head Start, Early Head Start, and delegate agency program activities be 
either ``school buses'' or ``allowable alternate vehicles'' as those 
terms are defined in the regulation;
    <bullet> Requires that children receiving Head Start, Early Head 
Start and delegate agency transportation services be seated in height 
and weight-appropriate child restraint systems when the vehicle is 
equipped for use of such devices.
    <bullet> Describes the minimum qualifications for operators of 
vehicles that are used to provide transportation services to children 
enrolled in Head Start, Early Head Start and delegate agency program 
activities;
    <bullet> Describes the training requirements for operators of 
vehicles that are used to provide transportation service to children 
enrolled in Head Start, Early Head Start and delegate agencies;
    <bullet> Describes the vehicle and pedestrian safety training 
requirements for parents and children;
    <bullet> Describes the requirements for transportation of children 
with disabilities; and
    <bullet> Defines the role of Head Start, Early Head Start and 
delegate agencies in local efforts to plan and implement coordinated 
transportation systems in order to achieve greater overall cost 
effectiveness in providing safe transportation.
    The contents of this rule include aspects of the following 
Department of Transportation guidelines and standards:
    <bullet> Highway Safety Program Guideline No. 17, ``Pupil 
Transportation Safety,'' referred to in this text as Guideline 17, 
published in the Federal Register (56 FR 19270, April 26, 1991) and (57 
FR 56991, December 2, 1992);
    <bullet> 49 CFR part 571--Federal Motor Vehicle Safety Standards;
    <bullet> 49 CFR part 383--Commercial Driver's License Standards: 
Requirements and Penalties; 49 CFR part 391--Qualifications of Drivers;
    <bullet> 1990 National Standards for School Buses and School Bus 
Operations, National Safety Council; and
    <bullet> Special Report 222, ``Improving School Bus Safety,'' 
Transportation Research Board, National Research Council, 1989.
    We also reviewed the National Highway Traffic Safety 
Administration's ``1999 Guideline for the Safe Transportation of Pre-
school Age Children in School Buses.'' This document confirms that, 
based on conclusive crash testing research results, preschool age 
children are most safely transported on school buses when seated using 
weight-appropriate child safety restraint systems.

IV. Rulemaking History

    On June 15, 1995, the Department published a Notice of Proposed 
Rule Making (NPRM) in the Federal Register (60 FR 31612), proposing 
regulations establishing requirements for the safety features and the 
safe operation of vehicles used by Head Start agencies to transport 
enrolled children, safety education, and transportation coordination. 
Copies of the proposed rule were mailed to all Head Start grantee and 
delegate agencies. Interested individuals were given 60 days in which 
to comment on the proposed rule. During the 60-day comment period the 
Department received more than 800 comments from more than 300 
respondents. The respondents included Head Start grantees and public 
and private agencies and individuals

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interested in Head Start transportation services.

V. Section-by-Section Discussion of Comments

    The comments were analyzed and categorized according to regulatory 
section and again by nature of comment. Only those sections for which 
comments were made or to which changes were made are discussed below. 
The discussion of the sections follows the order of the NPRM table of 
contents and a notation is made wherever the section designations have 
been changed or deleted from the final rule.

Subpart A--General

Section 1310.1--Purpose

    There were no significant comments submitted in response to this 
section. Language was added to the final rule to clarify that training 
in pedestrian safety is an included element of the regulation. Language 
was also added to the effect that agencies must make reasonable efforts 
to coordinate resources in order to control costs and improve the 
quality and availability of transportation services.

Section 1310.2--Applicability

Section 1310.2(a) (re-designated as Section 1310.2(c) in the final 
rule)

    This section described the rule's applicability to all Head Start 
grantees, Early Head Start grantees and delegate agencies.
    Comments. Paragraph (a) in the proposed rule specified the rule's 
applicability to all Head Start grantees and delegate agencies that 
provide transportation to children. Several respondents objected on the 
grounds that a school bus would not be able to safely navigate the 
challenging terrain encompassed within their program area.
    Response. We recognize that there are rare circumstances when 
programs may use non-traditional forms of transportation (e.g., boats 
for some island programs) to bring children to and from the program. 
Waiver authority has been added to the final rule under Section 
1310.2(c) so that, on a case-by-case basis, the Department of Health 
and Human Services official may permit exclusion from one or more 
requirements of the final rule based on ``good cause''. Good cause will 
exist only if adherence to a requirement of the Part itself causes a 
safety hazard in the circumstances faced by the Head Start, Early Head 
Start or delegate agency. The waiver provision will take effect 30 days 
after publication of the regulation.
    We have excluded home-based program transportation from the 
vehicle, drive qualification, and bus monitor provisions of the 
regulation. Home-based Head Start programs may provide transportation 
to small groups of children and their parents twice per month. Many 
home-based programs currently use school buses for such transportation 
and home-based programs are strongly encouraged to use school buses or 
allowable alternate vehicles whenever possible. When the State in which 
a Head Start or Early Start program operates sets a higher standard 
than this regulation, agencies shall comply with the State regulation.
    The rule is applicable to all Head Start and Early Head Start 
grantees and delegate agencies regardless of whether they offer 
transportation services or not. Some provisions are not applicable if 
an agency does not provide any transportation services, either directly 
of through another organization. This includes sub-parts related to 
vehicles, drivers and trip routing. Other sections are applicable 
regardless of whether the program provides transportation services or 
not. Sections which provide requirements for all grantees and delegate 
agencies include, Section 1310.10(a), (b) and (g), Section 1310.21(a), 
(c)(2), and (e) and Section 1310.22(c).

Section 1310.3 Definitions

    This section supplied definitions for the relevant terms used in 
the regulation. There were no comments submitted in response to this 
section of the proposed rule. We have deleted several definitions for 
terms that were either deleted from the regulation or are self-
explanatory and added clarifying language to several others. The term 
``Transportation'' is redefined under ``Transportation Services'' in 
the final rule. We added definitions for the terms ``Agency'', ``Agency 
Providing Transportation Services'', ``Delegate Agency'', ``Early Head 
Start Agency'', ``Early Head Start Program'', ``Head Start Agency'', 
``Head Start Program'' and ``seat belt cuter'' to clarify the use of 
these terms in the regulation. We also added a definition of the 
``Allowable Alternate Vehicle'' because it is a term used in the final 
rule. We added a definition for ``school bus'' as the term is used 
throughout the regulation. Deleted definitions were: ``coordinated 
transportation'', ``crossing control arm'', ``stop signal arm'', 
``driver'', ``winter packs'', ``driver qualifications'', ``Guideline 
17'', ``transportation supervisor'', ``training'', ``school bus loading 
zone'', and ``vehicle''. The remaining terms are listed alphabetically 
in the final rule.

Subpart B--Transportation Requirements

Section 1310.10 General

Section 1310.10(a) (re-designated in the final rule as Section 
1310.10(c))

    This section required that programs providing transportation to 
Head Start children comply with the applicable requirements of this 
Part.
    Comments. The majority of letters were supportive and indicated 
that adoption of the NPRM would yield safer and higher quality 
transportation services for children in Head Start. Some other 
respondents expressed concern that the requirement jeopardizes some 
transportation services provided for Head Start children by public 
school districts, regional transit authorities and contractors. Many 
writers expressed support for the increased safety the regulation 
affords, but are concerned about the cost of compliance. For example, 
respondents wrote that the increased costs associated with bus 
monitors, driver certification and training, child safety restraints, 
using vehicles that meet the identified safety standards, and providing 
communication equipment would be prohibitive without additional grant 
funds. Several also objected that the three-year phase in period was 
unrealistic with respect to replacement of existing vehicles. Some 
respondents recommended that waivers be allowable for all or most of 
the rule's requirements.
    Response. The requirements of the regulation are essential in 
assuring the safe transportation of preschool age children. However, 
waivers under section 1310.2(c) of the final rule shall be granted on a 
case-by-case basis where adherence to a specific provision would cause 
a safety hazard in the circumstances faced by the Head Start, Early 
Head Start, or delegate agency. Requests for waivers should be made to 
the responsible official of the Department of Health and Human 
Services.
    In response to comments that three years is not a reasonable period 
for replacement of existing vehicles in order to comply with the 
regulations, the effective date of sections 1310.12(a) and 1310.22(a), 
which now provide that children enrolled in Head Start agencies be 
transported in either school buses or allowable alternate vehicles, 
will be five years from the date of publication of this part in the 
Federal Register. This change will provide additional time for

[[Page 5301]]

necessary financial planning and upgrading and replacing vehicles.
    The requirement which appeared in the NPRM at section 1310.11(i) 
that children are seated in child safety restraint systems is addressed 
in the final regulation sections 1310.11 and 13.10.15(a) and (d). Those 
provisions require that beginning on the date three years from 
publication in the Federal Register, each vehicle used to transport 
children enrolled in Head Start must be equipped for use of height and 
weight appropriate child restraint systems which conform to the 
performance requirements (49 CFR 571.213) for use by children weighing 
fifty pounds or less who will be transported in the vehicle. This 
requirement can be met either by retrofitting vehicles already in 
service or by acquiring new vehicles. For an additional explanation of 
the reasons for the change in the requirements regarding child safety 
restraint systems, see the discussion of section 1310.11 in this 
preamble.

Section 1310.10(b)

    Paragraph (b) required that Head Start programs assess and document 
annually decisions about providing transportation to some, all, or none 
of the enrolled children.
    Comments. Several respondents interpreted the requirement to mean 
programs are required to transport all children. Others feared they 
would not be allowed to enroll children they could not transport. 
Respondents objected to the requirement on the basis that additional 
transportation requirements are too expensive and they would need to 
reduce their enrollment to meet the transportation requirements.
    Response. The requirement's intent is that programs provide 
transportation services to the degree possible when the lack of such 
services would preclude an eligible child from participating in Head 
Start. It requires programs to consider the most efficient and 
appropriate service provision. The language in the final rule was 
clarified to make sure that Head Start agencies assist as many children 
as possible to obtain transportation, either by providing it directly 
or through some other means, but are not required to transport every 
child in the program. We deleted the requirement for specified 
documentation of Head Start agencies' efforts under this section as 
unnecessarily burdensome.

Section 1310.10(c) (re-designated as Section 1310.10(a) in the final 
rule)

    The section required Head Start agencies that do not provide 
transportation to some or all of the enrolled children to provide 
reasonable assistance to help families arrange transportation for their 
children to and from the program.
    Comments. One respondent expressed concern that an implied 
liability would exist for a Head Start agency that recommended or 
arranged child transportation services.
    Response. We agree that child safety is a primary concern and that 
programs must be cautious in assisting families in making alternative 
transportation arrangements. The regulation requires Head Start 
agencies to assist as many children as possible who need transportation 
to attend the program to get that transportation. Parents and guardians 
are responsible for the safety of children in their care when they 
bring those children to or from Head Start program activities. When the 
grantee or delegate agency cannot provide transportation services, 
possible alternative arrangements may be suggested to parents. This is 
consistent with Head Start Performance Standard 1304.41(a)(2) which 
requires grantees and delegates agencies to support collaborations that 
promote the access of children and families to resources that are 
responsive to their needs.

Section 1310.10(d) (deleted from the final rule)

    Paragraph (d) required each Head Start program providing 
transportation services to have designated full or part-time 
transportation supervisor to ensure compliance with the requirements of 
this Part.
    Comments. Some respondents objected that if the transportation 
services are provided contractually or via a school district, a Head 
Start employed transportation supervisor is not necessary. The 
objection most frequently cited was that an additional staff position 
could not be accommodated through existing grant funds.
    Response. The requirement for a designated transportation 
supervisor reflected recognition of the critical nature of safe 
transportation services and the time and expertise required to ensure 
safety. Upon consideration of the comments and given the variety of 
Head Start staffing patterns, we determined that a separate dedicated 
staff position may not always be necessary to ensure safe and effective 
transportation services. The language in the final rule specifies 
transportation regulation oversight and compliance with he applicable 
requirements of this part in section 1310.10(c). Head Start agencies 
providing transportation through another organization or individual 
must monitor the compliance of the transportation provider with the 
requirements of this part.

Section 1310.10(e) (re-designated as Section 1310.15(c) in the final 
rule)

    Paragraph (e) required vehicles providing Head Start transportation 
be staffed with at least one bus monitor in addition to the driver.
    Comments. The objections to this paragraph related mainly to the 
cost of employing bus monitors or the belief that monitors are not 
necessary for small groups of children. Some respondents indicated that 
finding volunteer monitors is too difficult. Several writers objected 
to requiring bus monitors to wear seatbelts as they felt this would 
negatively impact the monitor's ability to assist children during the 
ride. Several writers recommended additional monitors for larger groups 
of children.
    Response. The final rule maintains the requirement of at least one 
bus monitor on vehicles transporting Head Start children. Preschool 
children require adult supervision and assistance to safely board and 
exit the vehicle, fasten safety restraints, and to evacuate the vehicle 
in the event of emergencies. The driver's attentions must be primarily 
focused on safe operation of the vehicle. The final regulations provide 
in section 1310.15(d) that, except for bus monitors while they are 
assisting children, all occupants of the vehicle must be seated and 
wearing seat belts while the vehicle is in motion. As necessary based 
on passenger needs, programs may elect to assign more than one monitor 
to a vehicle. Although the term ``bus monitor'' is being used in the 
regulations, the requirement in 45 CFR 1310.15(c) applies to all 
vehicles, except for those used to transport children served under the 
home-based option, used to provide transportation services after the 
effective date of the provision.

Section 1310.10(f)

    Paragraph (f) required that all accidents involving Head Start 
vehicles, with or without children on board, must be reported in 
accordance with State regulations for reporting school bus accidents. 
There were no specific comments to this section. The language in the 
final rule was changed to reference ``applicable State requirements'' 
to improve clarity.

Section 1310.10(g) (re-designated as Section 1310.10(d)(1) in the final 
rule)

    Paragraph (g) required that vehicles transportation Head Start 
children be equipped with a communication system for use in the event 
of emergencies. The

[[Page 5302]]

NPRM referenced a citizen band radio as an example of a communication 
system.
    Comment. Many writers understood the NPRM to require citizen band 
radios on vehicles that transport Head Start children and objected on 
several grounds. Notably, some State police departments have advised 
against this device fearing it could inform potential criminals of the 
location of a stranded bus load of children and staff. Most respondents 
were supportive of equipping vehicles that transport Head Start 
children with communication capacity.
    Response. The final rule continues to require a communication 
system on vehicles, but defers to grantees to select the most 
appropriate equipment.

Section 1310.10(h) (deleted from the final rule)

    Paragraph (h) required the use of special equipment (e.g., winter 
packs and air conditioning) as necessary for vehicles transporting Head 
Start children in extreme climatic conditions.
    Comments. Some writers requested a definition ``extreme climatic 
conditions.'' Others stated that the approporiate outfitting of buses 
should be a local decision.
    Response. It was not our intent that this section be prescriptive. 
We agreed with the respondents who stated that the appropriate 
outfitting of vehicles should be a local decision and have deleted the 
special equipment for climate extremes from the final rule.

Section 1310.10(i) (re-designated as Section 1310.10(g), in the final 
rule)

    Paragraph (i) specified that children must be released only to 
authorized individuals.
    Comments. There were few comments in response to this section of 
the proposed regulation. Two writers recommended clarifying the section 
to stipulate that child release procedures be required even if the Head 
Start program is not directly providing the transportation services. 
One respondent was concerned that a parent with a disability might be 
unable get outside to put their child on the vehicle and meet the child 
at the end of the day.
    Response. The language in the final rule contains clarification to 
reinforce that all providers of Head Start, Early Head Start and 
delegate agency services, including transportation services, must abide 
by the child release regulation. The provision allows for a child's 
parent or legal guardian to designate, in writing, other individuals 
authorized to pick up the child.

Section 1310.11--Vehicles (re-designated as Sections 1310.12-1310.15 in 
the final rule)

Section 1310.11(a) (re-designated as Section 1310.12(a) in the final 
rule)

    Paragraph (a) specified that vehicles used to transport Head Start 
children must comply with the recommendations regarding ``school 
buses'' as provided in Guideline 17 and prohibited the use of vans in 
transporting Head Start children.
    Comments. This NPRM section elicited the largest number of 
comments. A number of respondents strongly objected to the prohibition 
against using vans. While a few writers advocated the use of buses over 
vans for safety advantages, most stated that programs would not be able 
to afford to replace vans with school buses and that buses are an 
inefficient method to transport individual or small groups of children. 
There were also comments that in some regions of the country, roads are 
unpaved and require four wheel drive vehicles. Many individuals cited 
very geographically large service areas as an impediment to reasonably 
efficient school bus use. One writer cited a State rule permitting the 
use of qualified vans and drivers if the number of children is fewer 
than ten and the route would be excessively long if a regular school 
bus was used.
    Response. Substantial effort was devoted to creating a solution 
that would both improve the safety of vehicles providing Head Start 
transportation services, not contradict existing State regulations, and 
be reasonable for use by various transportation providers. The solution 
provides for the use of either a vehicle that qualifies as a ``school 
bus'' or an ``Allowable Alternate Vehicle'' which is not a school bus 
but does meet the structural, or crash protection, standards of a 
school bus. This decision to require that Head Start transportation 
service providers only use vehicles with the interior safety features 
required for school buses reflects the research demonstrating that 
school buses are safer than other vehicles.
    The National Highway Traffic Safety Administration confirms that 
based on research, ``school buses have been and remain the safest form 
of highway transportation'' (School Bus Safety: Safe Passage for 
America's Children (1998), p. 5). NHTSA based its conclusion in part on 
data documenting that the school bus occupant fatality rate of 0.2 
fatalities per 100 million vehicle miles traveled (VMT) is much lower 
than the rates for passenger cars (1.5 per 100 million VMT) or light 
trucks and vans (1.3 per hundred million VMT). NHTSA established the 
Federal Motor Vehicle Safety Standards (FMVSS) to make school buses 
stronger and to provide improved occupant protection (p. 7).
    Further evidence of serious safety hazards posed by the use of vans 
is provided by the National Transportation Safety Board's Highway 
Special Investigation report titled ``Pupil Transportation In Vehicles 
Not Meeting Federal School Bus Standards'' (June 1999). The report's 
findings are based on the investigation of child fatalities in four 
accidents where children were being transported in vehicles that did 
not meet the crash protection standards of school buses. One of the 
accidents involved children being transported to a Head Start program. 
The report includes detailed analysis of the crashworthiness of the 
nonconforming vehicles and provides a table describing the crash 
protection attributes of different vehicle types. Fifteen-passenger 
vans do not possess the joint strength or roof rollover protection 
provided by school buses. Federal school bus standards require that 
body panel joints be strong enough to resist separation during a crash 
that can cause sharp cutting edges and openings through which children 
can be ejected. The Safety Board included a comparison of two 
accidents, one involving a school bus and one involving a fifteen-
passenger van. Although the bus was struck by a much larger, heavier 
truck it suffered far less intrusion damage than the fifteen-passenger 
van. The Board found that if the children involved in the van accident 
had been on a bus, they would have had more ``survivable space.'' The 
report concludes that ``given their better crashworthiness and occupant 
protection, had school buses or buses providing equivalent occupant 
crash protection been used in the four accidents * * * the vehicles 
probably would have suffered less damage and the passengers may have 
suffered fewer and less severe injuries.''
    Based on its report, the National Transportation Safety Board 
issued a letter to the Department of Health and Human Services (July, 
1999) recommending the expedition of the rule requiring that Head Start 
Children be transported in vehicles built to Federal school bus 
structural standards or the equivalent and that the guidelines from the 
National Highway Safety Administration's Guideline for the safe 
Transportation of Preschool Age Children in School Buses regarding 
child passenger restraint systems be incorporated in the regulation. 
Both of the Safety Board's recommendations are reflected in the final 
rule.

[[Page 5303]]

    Because all children attending Head Start must be accompanied by an 
adult if they cross a street or highway to board or exit a vehicle, the 
final regulation permits the use of an ``Allowable Alternate Vehicle'' 
which would not be identified as a ``school bus,'' be painted yellow or 
equipped with flashing lights and a stop arm. The final regulation 
provides for waiver of one or more of its specific requirements when 
adherence to a requirement of this part would itself create a safety 
hazard in the circumstances faced by the Head Start, Early Head Start, 
or delegate agency, such as when use of a school bus or allowable 
alternate vehicle is ruled out because of terrain in the area served by 
the grantee or some other safety factor. In response to the concern 
about navigating unpaved roads, it should be noted that four wheel 
drive school buses are currently available.

Section 1310.11(b) (re-designated as Section 1310.12(a) in the final 
rule)

Section 1310.11(b)(1)(deleted from the final rule)

    Paragraph (b)(1) stated that vehicles used for Head Start 
transportation must comply with all of the Federal Motor Vehicle Safety 
Standards (FMVSS) for school buses.
    Comments. Some respondents objected that Head Start should not be 
required to use vehicles meeting the FMVSS if Head Start is not 
included in the State's pupil transportation regulations. Many people 
asked for additional clarification regarding the definition of 
allowable exceptions. For example, are medical visits considered 
incidental and do they require a vehicle complying with the FMVSS for 
school buses? Cost was again a major topic and several writers 
suggested a gradual implementation period to reasonably replace 
existing vehicles with school buses. One writer was concerned that 
school buses do not include the proper safety restraint systems for 
young children. Again, several respondents said that school buses 
cannot navigate rural roadways, which may be unpaved, or very narrow. 
One comment noted that some States prohibit transit authorities from 
using school buses and the rule would effectively prevent those 
agencies from providing Head Start transportation services.
    Response. Under section 1310.12(a) the final rule requires that 
when school buses, as defined in the rule, are used for the planned 
transportation of Head Start children, they must comply with the FMVSS 
for school buses, including both crash prevention and crash 
survivability standards.
    In response to the concern that school buses may not be the most 
practical vehicle to provide transportation in certain circumstances, 
an alternative acceptable vehicle has been defined in the rule for the 
purpose of Head Start transportation. The alternative vehicle, called 
the ``allowable alternate vehicle,'' is defined in these regulations as 
one which must meet the FMVSS applicable to school buses for crash 
survivability and mirrors (49 CFR part 571), but is not required by 
these regulations to meet the standards related to visibility and 
traffic control. The latter are collectively called crash prevention 
standards and they include the color of the vehicle, flashing school 
bus lights, and a stop arm. Crash prevention standards are related to 
the appearance of vehicles. They include FMVSS 49 CFR 571.108 and 
571.131. Requiring the allowable alternate vehicle to meet the crash 
survivability standards, but not the crash prevention standards, 
permits greater flexibility in vehicle appearance while maintaining the 
structural safety features afforded by school buses.
    Because Head Start children must be accompanied by an audit when 
they must cross the street before boarding or after exiting the 
vehicle, the crash avoidance features are not required for allowable 
alternate vehicles.
    Incidental transportation, which is the unplanned, necessary, 
transportation of a single child or small group of children for some 
exceptional purpose, is not required to meet the requirements of the 
rule relating to transportation services. The distinction between 
planned and unplanned transportation is designed to allow 
transportation of children to occur as necessary in unanticipated or 
exceptional situations. Programs should make every effort to use school 
buses or allowable alternate vehicles whenever possible. Section 
1310.11(b)(1) was deleted in the final rule as it duplicated provisions 
already specified.

Section 1310.11(b)(2) (re-designated as Section 1310.10(d)(2) and (3) 
in the final rule)

    Proposed paragraph (b)(2) described the requirement that vehicles 
that transport Head Start children be properly equipped with a fire 
extinguisher and a first aid kit with location signs for both visibly 
posted.
    Comment. One comment was submitted suggesting most standard first 
aid kits do not contain adequate supplies for conditions such as shock 
or severe bleeding.
    Response. The final rule maintains the requirement that vehicles 
transporting Head Start children must be equipped with a fire 
extinguisher and first aid kit. Seat belt cutters were added to the 
required safety devices in response to concerns that child safety 
restraints might slow evacuation of children in an emergency. Grantees 
are reminded to follow applicable State agency guidelines concerning 
contents of first aid kit.

Section 1310.11(b)(3) (re-designated under Section 1310.12(a) in the 
final rule)

    Paragraph (b)(3) required that vehicles used to transport Head 
Start children be equipped with mirrors complying with 49 CFR 571.111.
    Comments. There were not comments in response to this section of 
the proposed regulation.
    Response. The specific provision regarding mirrors was deleted as 
its content is included within the definitions for school buses and 
allowable alternate vehicles.

Section 1310.11(b)(4) (deleted from the final rule)

    Paragraph (b)(4) required that bus steps be equipped with a lower 
step panel at the primary access point to permit children to step on 
and off the bus unassisted.
    Comments. Several respondents objected to the lower step panel on 
the grounds that it is too prescriptive and may be unsafe on certain 
terrain. Further, it was noted that Head Start children vary in size 
and physical ability and are expected to always have adult assistance 
when boarding or exiting a Head Start vehicle.
    Response. The requirement was deleted from the final rule because 
we agree with comments that it was more prescriptive than necessary.

Section 1310.11(b)(5) (re-designated as Section 1310.12(a) and (b)(2) 
in the final rule)

    Proposed paragraph (b)(5) stated that vehicles providing Head Start 
transportation services must be equipped with reverse beepers.
    Comments. Writers regarded the reverse beepers as unnecessary 
because the proposed rule prohibited backing up.
    Response. The rule specifies that ``vehicles must not be required 
to back up * * * [on their routes] except when necessary for reasons of 
safety or because of physical barriers.'' This requirement reflects 
that it is not safe for school bus routes to be mapped so that backing 
up is necessary. A bus, however, may need to back up for reasons of 
safety or physical barrier. In either instance the reverse beepers 
notify pedestrians of the driver's

[[Page 5304]]

intention and could prevent accidents and injury. Therefore, the 
provision was retained.

Section 1310.11(b)(6) (provision addressed in Section 1310.22 in the 
final rule)

    Paragraph (b)(6) specified that vehicles that transport Head Start 
children must be equipped to accommodate children's special needs 
(e.g., wheelchair lifts).
    Comments. Many respondents interpreted the section to mean that 
every Head Start vehicle must be equipped to meet the potential needs 
of children with disabilities and were concerned about unnecessary 
effort and prohibitive expense. Several respondents asked for 
clarification regarding the definition of ``special equipment'' and the 
portion of an agency's fleet that should be so equipped.
    Response. The language in the final rule, section 1310.22(b), 
specifies that Head Start agencies must meet the requirements of the 
Americans with Disabilities Act, section 504 of the Rehabilitation Act 
of 1973, and the Head Start Performance Standards for Children with 
Disabilities. It is not necessary, or advisable, that every vehicle 
transporting Head Start children be equipped with a wheelchair lift. We 
emphasize that Head Start programs must be prepared to meet the special 
transportation needs of children with disabilities who enroll in the 
program. Agencies must consider the needs of children with disabilities 
when arranging for transportation services using school buses or 
allowable alternate vehicles. Whenever possible, children with 
disabilities must be transported along with their peers who do not have 
disabilities.

Section 1310.11(c) (deleted from the final rule)

    Paragraph (c) specified that, to the extent allowable within State 
requirements, vehicles that transport Head Start children must comply 
with the following recommendations for identification and equipment of 
a school bus contained in Guideline 17: (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 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 
back, matching NIST Federal Standard 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).
    Comments. No significant comments were received in response to 
paragraphs (c)(1)-(2). There were, however, a few respondents objecting 
to the bumper color requirement on the grounds it would require 
expensive retrofitting of existing vehicles. There were also 
respondents who objected to paragraphs (c)(4) and (5) which required 
that vehicles comply with the FMVSS for stop signal arms, crossing 
control arms, and signal lamps. Several respondents indicated that 
crossing control arms are unnecessary because Head Start children 
should only enter or exit buses curbside. There were objections to 
increased costs for all safety features.
    Response. The safety features that would have been required by the 
proposed Section 1310.11(c)(1)-(5) were deleted from the final 
regulations because they are not necessary in view of the requirement 
that children using Head Start vehicles be accompanied by a bus monitor 
or other adult when they must cross the street before boarding or after 
exiting the vehicle. The final rule identified the required features 
for allowable alternate vehicles and school buses under its 
definitions, Section 1310.3.

Section 1310.11(d) (re-designated as Section 1310.14 in the final rule)

Section 1310.11(d)(1) (re-designated as Section 1310.14 in the final 
rule)

    Paragraph (d)(1) required Head Start agencies to assure that 
vehicle specifications are correctly provided and that the intended use 
is identified in bid announcements.
    Comments. Respondents requested that bus specifications and 
purchase procedures be provided by the Head Start Bureau.
    Response. Requirements for vehicles to be used in Head Start 
transportation services are defined in the final rule either explicitly 
or through reference to other requirements, such as provisions of the 
FMVSS. Grantees can comply with the requirement to ensure that bid 
solicitations include correct vehicle specifications by citing or 
restating the relevant requirements of these regulations, as well as 
any applicable State requirements. Since the relevant Federal 
specifications are set forth in the regulations, no changes were made 
to the final rule.

Section 1310.11(d)(2) (re-designated as Section 1310.14 in the final 
rule)

Section 1310.11(e) (re-designated as Sections 1310.12(a) and (b) in the 
final rule)

    Paragraph 1310.11(e) specified that existing vehicles not compliant 
with the FMVSS and the minimum capacity requirement must be replaced 
within a three-year period. It also reminded readers that, in 
accordance with 42 U.S.C. 9839(g)(2)(c), Head Start funds may be used 
for capital expenditures to purchase buses.
    Comments. Many respondents objected to the three-year phase in 
period as far shorter than the useful life of some vehicles. Several 
individuals suggested periods between five and ten years as more 
accomplishable and reasonable.
    Response. Head Start agencies that are transporting children 
enrolled in their programs in vehicles which do not meet the 
requirements under Section 1310.12 should consider replacing those 
vehicles with compliant vehicles as soon as possible. The allowable 
limit for vehicle replacement has been extended to five years in order 
to accommodate the useful life of vehicles that are relatively new at 
the time the rule is published. Also, the wording of the final 
regulation has been changed to require that each agency providing 
transportation services must transport children enrolled in its 
programs in school buses or allowable alternate vehicles that are 
equipped for use of height and weight appropriate child restraint 
systems, and that have reverse beepers. It should be noted that 
existing vehicles which cannot be equipped to safely accommodate child 
restraint systems must be replaced within three years of publication of 
the final rule. We recognize that in a minority of cases this could 
necessitate vehicle replacement before the full five year period 
expires or the vehicle's useful like is completely exhausted. This 
constitutes a reasonable compromise because it will affect relatively 
few vehicles, three years is an adequate amount of planning time, and 
restraint systems are essential to child passenger safety. The 
implementation of child restraint systems should occur as quickly as is 
reasonably possible.

[[Page 5305]]

    Paragraph (b) was added to the final rule to clarify that, 
beginning thirty days after publication of the rule, vehicles purchased 
with Head Start funds for use transporting children must meet the 
requirements of paragraph (a).
    The language reminding readers that Head Start funds may be used 
for capital expenditures including buses was deleted as it appears 
elsewhere (as referenced above) and it is not directly a part of this 
regulation.

Section 1310.11(f) and (h) (combined and re-designated as Section 
1310.15(a) in the final rule)

    Paragraph (f) proposed that all passengers on a Head Start vehicle 
be seated while it is in motion. Paragraph (h) proposed that bus 
drivers, monitors and other passengers must wear seat belts when the 
vehicle is in motion.
    Comments. Two respondents stated that bus monitors may need to 
attend to children while the bus is moving and therefore might not be 
able to remain seated.
    Response. While the vehicle is in motion, all children and adults 
must be wearing appropriate safety restraints. In the event of an 
emergency while the bus is moving, the monitor may need to unfasten his 
or her seatbelt and move to assist a child. The language in the final 
rule was changed slightly to require that, other than a monitor 
assisting a child, all passengers must remain seated and use 
appropriate safety restraints while the vehicle is in motion.

Section 1310.11(g) (re-designated as Section 1310.10(e) in the final 
rule)

    Paragraph (g) stated that the use of auxiliary seating was 
prohibited.
    Comments. Several respondents objected to the prohibition against 
auxiliary seating in wheelchair lift equipped vehicles or adjacent to 
an emergency door.
    Response: The NPRM did to intend to prohibit correctly installed 
auxiliary seating. The final rule clarifies that all seats must be 
permanent and pass inspection.

Section 1310.11(i) (re-designated as Section 1310.15(a) in the final 
rule)

    The NPRM indicated that children weighing less than 50 pounds 
should be seated using child safety restraint seats.
    Comments. There were few responses to this item. One respondent 
objected to the cost and space implications of child safety seats, 
saying that installing the seats would reduce seating capacity by a 
third. Another respondent suggested that transportation staff training 
in the correct use of transportation safety seat use be required in the 
final rule. A final respondent expressed concern that use of child 
restraint systems would delay the evacuation of children in an 
emergency.
    Response. Because the National Highway Traffic Safety 
Administration Guideline for the Safe Transportation of Preschool 
Children in School Buses concludes that children weighing 50 pounds or 
less are most safely transported on school buses when they are seated 
in age- and weight- appropriate restraint systems, this requirement was 
retained with explicit reference to the 50-pound requirement (National 
Highway Traffic Safety Administration, 1999). It is expected that 
programs will make sure transportation staff receive instruction in the 
correct use of the child restraint system. There are more child 
restraint systems and more vehicle configurations than were available 
when the NPRM was published in 1995. The three year implementation 
period for child safety seats and the five year period for vehicle 
implementation was designed to provide planning time for grantees with 
regard to issues such as seat spacing. The final rule requires vehicles 
transporting Head Start children to be equipped with seat belt cutters 
which could be used to speed the evacuation of children in an 
emergency.

Section 1310.11(j) (re-designated as Section 1310.15(b) in the final 
rule)

Section 1310.11(k) (re-designated as Section 1310.13 in the final rule)

Section 1310.11(k)(1) (re-designated as Section 1310.13(a) in the final 
rule)

    This standard proposed a thorough safety inspection of each vehicle 
at least annually through a State licensed or operated inspection 
system.
    Comments. One response objected that the requirement is too 
prescriptive, another suggested it should specifically identify 
inspection components, a third voiced concern that the rule would 
conflict with State regulations and a final respondent stated 
unconditional support.
    Response. Regular vehicle inspections are an integral element of 
safe transportation services. As provided in section 1310.2(a) of the 
final rule, this provision will apply except when there is an 
applicable State or local requirement that sets a higher standard.

Section 1310.11(k)(2) (re-designated as Section 1310.13(b) in the final 
rule)

Section 1310.11(k)(3) (re-designated as Section 1310.13(c) in the final 
rule)

Section 1310.12--Driver Qualifications (re-designated as Section 
1310.16 in the final rule)

Section 1310.12(a) (re-designated as Section 1310.16(a) in the final 
rule)

Section 1310.12(a)(1) (deleted from the final rule)

     Paragraph (a)(1) addressed Head Start transportation service 
driver qualifications. The proposed requirement was that drivers be at 
least 21 years of age.
    Comments. Several people wrote that they currently use drivers who 
are eighteen or nineteen years and older as is allowable in their 
States. Others strongly supported that drivers be at least 21 years 
old.
    Response. The minimum age requirement was removed from the final 
rule. The final regulation requires that all drivers of vehicles 
providing Head Start transportation possess Commercial Drivers Licenses 
and meet physical and other requirements.

Section 1310.12(a)(2) (re-designated as Section 1310.16(a)(1) in the 
final rule)

    Paragraph (a)(2) listed the requirement that drivers providing Head 
Start transportation possess a Commercial Driver's License (CDL).
    Comments. The majority of objections were to the cost implications 
of having current drivers obtain and meet the ongoing requirements for 
the CDL. Several respondents were also concerned that the wages paid to 
Head Start drivers are not competitive with public school bus drivers 
or commercial truck drivers. One writer objected that the CDL 
requirement is ``just a way to ensure that all Head Start drivers are 
drug and alcohol tested.'' A few respondents were concerned about the 
implications of the CDL requirement for the Home-based program option.
    Response. The Commercial Driver's License requirements establish a 
driver's qualifications to operate the appropriate class of passenger 
vehicle. The CDL is viewed as the best assurance that drivers will meet 
essential minimum standards. The final rule retains the CDL requirement 
in States where such licenses are granted. All operators of commercial 
motor vehicles are required to have CDLs. Commercial motor vehicles 
include vehicles designed to carry 16 or more passengers, including the 
driver. Many States have extended the inclusion to all vehicles used to 
provide pupil transportation. To

[[Page 5306]]

obtain a CDL, vehicle operators must pass written and driving tests in 
accordance with Federal Standards for the vehicle the person intends to 
operate. The knowledge test includes such topics as proper procedures 
for loading and unloading passengers, proper response to emergencies, 
proper response at railroad crossings and proper braking procedures. 
The skills test requires applicants to demonstrate basic vehicle 
control, safe driving, and air brake skills. The topics addressed by 
the CDL tests are deemed essential for operators of vehicles 
transporting children. The cost of transportation services may increase 
as current transportation providers employ drivers with CDLs to meet 
the requirements of this part. However, many providers already employ 
CDL drivers as is required by their State. Grantees and delegate 
agencies will need to assess current practice and make training and 
budget plans accordingly.
    Home-based programs are encouraged to use drivers with CDL's to 
provide child transportation services, however, home-based programs are 
excluded from the vehicle type, driver qualification and bus monitor 
provisions of this regulation. Incidental transportation is not 
included under the provisions of this Part.

Section 1310.12(a)(3) (re-designated as Section 1310.16(a)(2) in the 
final rule)

    Paragraph (a)(3) proposed that drivers meet physical, mental, 
moral, and other requirements established by Federal and State 
regulations, including rules regarding drug and alcohol use.
    Comments. The majority of respondents emphasized the importance of 
drug and alcohol testing. Some objected to the term ``moral 
requirements'' as too subjective.
    Response. We agreed with writers that the word ``moral'' is subject 
to variable interpretation and it was deleted from the final rule.

Section 1310.12(b) (re-designated as Section 1310.16(b) in the final 
rule)

    Paragraph (b) proposed that each Head Start agency establish its 
own applicant screening procedure and system for informing applicants 
of required background checks. Criteria for the rejection of applicants 
not meeting the requirements would also be established.
    Comments. There were two respondents who indicated that their 
current background check procedures are adequate. Several comments 
supported the importance of background checks as part of applicant 
screening.
    Response. Driver background checks are an important element of safe 
transportation services. Some agencies will find that they already meet 
the requirements of the rule and others will need to establish or 
improve their systems. This section remains unchanged in the final 
rule.

Section 1310.12(c) (re-designated as Section 1310.16(b)(1) in the final 
rule)

Section 1310.12(c)(1) (re-designated under Section 1310.16(b) in the 
final rule)

    Paragraph (c)(1) proposed that applicant screening procedures 
include an application that provides employment history, educational 
background, and personal references. There were no significant comments 
to this section. However, paragraph (c)(1) was removed and the 
introductory language in (c) edited to include a reference to 45 CFR 
1304.52(b)(1), which contains requirements for staff recruitment and 
selection.

Section 1310.12(c)(2) (re-designated under Section 1310.16(b) in the 
final rule)

    This paragraph required an interview and screening procedure to 
help establish that an applicant is ``of good moral character'' and 
does not abuse drugs or alcohol.
    Comments. Writers objected to the phrase ``good moral character'' 
as subjective and ambiguous.
    Response. We agree that the term ``good moral character'' is 
difficult to define and it was deleted from the final rule. The 
required physical, interviews and background checks will help identify 
any candidate who fails to meet established employment criteria. In the 
interest of accuracy and inclusiveness, the term ``State Department of 
Motor Vehicles'' was changed to the final rule to ``appropriate State 
agency.''

Section 1310.12(c)(4) (re-designated as Section 1310.16(b)(3) in the 
final rule.)

    This section proposed that drivers have physical examinations.
    Comments. Writers were generally supportive of physical 
examinations for bus drivers.
    Response. This provision has been rewritten to require that after a 
conditional offer of employment and before the applicant begins work as 
a driver, a medical examination must be performed by a licensed doctor 
of medicine or osteopathy to establish that the individual possesses 
the physical ability to perform any job-related functions with any 
necessary accommodations. The wording of the provision was changed to 
make the provision consistent with the requirements of the Americans 
with Disabilities Act.

Section 1310.13--Driver Training (re-designated as Section 1310.17 in 
the final rule)

Section 1310.13(a) (re-designated as Section 1310.17(a) in the final 
rule)

    Paragraph (a) in the NPRM required that driver training plans 
include both pre-service and annual in-service training programs.
    Comments. There were not comments specifically applicable to 
paragraph (a). Comments on other sections reflected a need to clarify 
the requirements in this section.
    Response. The provision was re-worded in the final rule to clarify 
that drivers must receive training prior to operating a vehicle and 
annually thereafter. The words ``pre-service'' and ``in-service'' were 
replaced to reflect the growing number of twelve month programs.

Section 1310.13(b)(1) (re-designated as Section 1310.17(b) in the final 
rule).

    The section proposed that drivers transporting Head Start children 
receive a minimum of 40 hours of skills training prior to providing 
transportation and outlined specific skill areas.
    Comments. This area attracted multiple comments objecting to the 40 
hour pre-service requirement on the grounds it is excessive and 
unreasonable. Others stated that the pre-service training regulation is 
substantially more than their State requires for public school drivers. 
Another respondent raised the practical difficulty of providing 40 
hours of pre-service training to a driver hired during the program 
year, rather than at the beginning.
    Response. We agree with the respondents who wrote the 40 hours of 
pre-service training may, in some cases, be more than necessary. Per 
respondent recommendation, the language in the final rule has been 
changed to require training topics, rather than hours. Each program 
will decide on the number of hours necessary to effectively cover the 
required material. The required content of training remains unchanged 
and programs are expected to design training plans that will include 
the required skill areas.

[[Page 5307]]

Section 1310.13(b)(1)(i)-(vii) (re-designated as Section 1310.17(b)(1)-
(7) in the final rule)

Section 1310.13(b)(2)(i)-(iii) (re-designated as Section 1310.17(b)(2) 
and (c) in the final rule)

    Paragraphs (b)(2)(i)-(iii) specified pre-service training in 
addition to the previously listed skills training.
    Comments. Respondents again objected to the time requirement for 
pre-service training.
    Response. The final rule has been modified to allow the non-skills 
based training to occur in accordance with the agency's driver training 
plan. This allows programs to design and deliver training that is 
effective and efficient in meeting individual program needs.

Section 1310.13(c)(2) (re-designated under Section 1310.17 in the final 
rule)

Section 1310.13(c)(1) and (2) (deleted from the final rule)

    These items proposed eight hours of in-service training annually to 
maintain and enhance driver skills.
    Comments. Respondents were evenly split on whether eight hours 
would constitute too much or too little in-service driver training.
    Response. The final rule specifies content requirements for in-
service training and leaves decisions concerning the number of hours of 
training to individual Head Start agencies. Sections 1310.13(c)(1) and 
(2) were deleted from the final rule.

Section 1310.13(d) (re-designated as Section 1310.17(e) in the final 
rule)

Section 1310.13(e) (re-designated as Section 1310.17(f) in the final 
rule)

Section 1310.13(f) (Re-designated as Section 1310.17(a) in the final 
rule)

    Paragraph (f) stated that drivers of vehicles that transport Head 
Start children employed on the effective date of this regulation must 
meet the pre-service training as new drivers within three months of 
that date.
    Comments. There were several comments suggesting that three months 
is insufficient to provide the required training for existing drivers.
    Response. There are two changes in the final rule that address the 
above concerns and provide time requirement relief. The first is that 
the rule identifies training topic requirements, but leaves decisions 
about the amount of training time necessary to the grantee. The second 
is that the time to train currently employed drivers has been extended 
from three months from the provisions' effective date to one year and 
90 days from that date. This change will allow agencies to use their 
regularly scheduled staff training to provide the required driver 
training. Programs are expected to provide the required training to 
drivers as quickly as possible.

Section 1310.13(g) (re-designated as Section 1310.17(f)(1) in the final 
rule)

    Paragraph (g) specified that Head Start drivers must be evaluated 
annually by the transportation supervisor and that the evaluation must 
include an on-board observation of driving performance.
    Comments. Respondents requested that the wording be changed from 
``transportation supervisor'' to ``supervisor'' to allow local 
flexibility in performing this function.
    Response. While the supervisory functions outlined for 
transportation services in the NPRM remain, the requirement for a 
``transportation supervisor'' has been deleted. We anticipate that most 
programs directly providing transportation services will employ a full- 
or part-time person to supervise transportation services. Some programs 
may elect to assign the supervisory responsibilities to an existing 
position. Agencies that use another organization or an individual for 
transportation services will monitor a contract or agreement that 
requires the contractor to perform driver supervision.

Section 1310.13(h) (re-designated as Section 1310.17(f)(2) in the final 
rule)

    Paragraph (h) proposed that programs should provide the same pre- 
and in-service training to bus monitors that they provide for drivers.
    Comments. Many respondents objected to this requirement on the 
basis that bus monitors are often volunteers who would not be amenable 
or available for this training. Some respondents also indicated that it 
is not necessary that bus monitor training be as rigorous as driver 
training.
    Response. The final rule was changed to state that programs must 
specifically provide bus monitors with training in the areas of: child 
boarding and exiting procedures, use of child restraint systems, 
responding to emergencies, emergency evacuation procedures, use of 
special equipment, required paperwork, child pick up and release 
procedures and pre- and post-trip vehicle checks (e.g., ensure that 
there are no safety hazards and that no child is left on the bus). The 
burden of the requirement has been eased by eliminating the requirement 
that monitors receive exactly the same training as drivers. The 
provisions identifies types of training that monitors must receive to 
ensure that safety-related topics are included.

Section 1310.20--Trip Routing

Section 1310.20(b)(1)

    This paragraph proposed limiting the transit time for a child to or 
from Head Start to no more than one-hour unless there is express 
written approval from the Regional Office.
    Comments. Several writers stated that the one-hour limit is 
unrealistic or even impossible in rural areas.
    Response. We acknowledge that limiting bus routes to one-hour is 
problematic in some areas. We wish to stress that children should spend 
the shortest amount of time possible on the Head Start vehicle given 
the routing safety parameters outlined in Section 1310.20(a) and the 
geography of the service area. The language in the final rule has been 
modified to allow greater flexibility.

Section 1310.20(b)(2)

    The NPRM proposed that vehicles transporting Head Start children 
may not be loaded beyond capacity at any time.
    Comments. A few respondents proposed that, because preschool 
children are ``small,'' three could be seated per bench even though 
this exceeds the vehicle's posted capacity.
    Response. All children receiving Head Start transportation must be 
seated with a size-appropriate safety restraint in a manufacturer 
designated seat. The final rule retains the stipulation that at no time 
may vehicle capacity be exceeded. The wording of the provision has been 
changed by eliminating the first sentence of the proposed rule to 
clarify the requirement.

Section 1310.20(b)(3)

    The proposed rule stated that vehicles should not be required to 
back up or perform ``U'' turns during routes.
    Comments. Some respondents objected on the grounds that there may 
be situations (e.g., roads with no outlet) when a three-point or ``U'' 
turn is required. It as noted that prohibiting ``U'' turns could result 
in more need for children to cross the street. Finally, a contradiction 
between the preamble's prohibition of ``U'' turns and this section's 
use of the term ``should not'' was identified.
    Response. The final rule emphasizes that vehicles must not be 
required to back up on their routes or make ``U'' turns, except when 
necessary for reasons of safety or because of physical barriers. Every 
effort to avoid these maneuvers must be made through route planning. 
Extreme caution must be used

[[Page 5308]]

in negotiating ``U'' turns, backing up, or three point turns.

Section 1310.20(b)(4)-(6)

    These paragraphs proposed that Head Start vehicle stops should: be 
located to minimize traffic disruptions and allow the driver a good 
field of view in front of and behind the vehicle; and minimize the need 
for children to cross the street to board or leave the vehicle. In 
addition, the section proposed that if children must cross the street 
or highway after boarding or exiting the vehicle, they must be escorted 
across the street by the driver, bus monitor, or another adult, and 
that under no circumstances may a school bus stop be located in a way 
that children must cross the street or highway unless the vehicle is 
equipped to stop traffic as described in the proposed section 
1310,.11(c)(1)-(5).
    Comments. Respondents strongly objected to a driver leaving the 
vehicle to accompany a child across the street. It was also noted that 
some States prohibit flashing red lights in urban areas.
    Response. We agree that under no circumstance should a driver leave 
the vehicle to escort a child across the street and have changed the 
final rule to so state. The requirement for equipping school buses with 
flashing red lights and other exterior features proposed in section 
1310.11(c)(1)-(5) has been withdrawn from the final regulation. The bus 
monitor or another adult must accompany every child boarding or exiting 
the bus. The word ``should'' which appeared in the NPRM was changed to 
``must'' to clarify that this is a requirement and not a 
recommendation.

Section 1310.20(b)(7)

    The section proposed establishment of specific procedures in the 
event alternate routes are required by hazardous weather or other 
situations.
    Comments. Respondents requested clarification of the NPRM phrase 
``or other situations which may arise that could affect the safety of 
the children en route.''
    Response. The final rule, while recognizing that every contingency 
cannot be anticipated, has listed several events that could lead to the 
need to find a different route. The intent is to assure that there are 
specific procedures in place in the event unplanned re-routing is 
required by any situation. Possible hazards, in addition to weather 
conditions such as ice or water build up, include water or natural gas 
line breaks, emergency road repair, natural disaster damage caused by 
earthquake, tornado, or flood, a motor vehicle accident, a building 
fire, or a crime scene.

Section 1310.21--Safety Education

Section 1310.21(a)

    This requirement proposed that Head Start programs should provide 
pedestrian safety training to caregivers and children who do not 
receive Head Start transportation.
    Comments. All respondents supported this section. It was noted that 
programs will need to use careful practices to emphasize that preschool 
age children should not be crossing the street alone. Also, there was a 
suggestion that the phrase ``as developmentally appropriate'' be 
included in the section.
    Response. We have re-worded the final rule slightly to emphasize 
that preschool children must not cross the street alone. We have also 
specified that pedestrian safety teaching must be appropriate for each 
child's development. Finally, we removed specific content requirements 
so grantees may design training to meet individual community needs and 
conditions.

Section 1310.21(b)(1)-(5)

    Paragraph (b) identified the safety instruction that Head Start 
programs would be required to provide to children transported to and 
from the program.
    Comments. Comments were submitted suggesting the safety education 
be included in the daily lesson plan and that nationally produced 
videos be supplied for programs to use for safety instruction.
    Response. The final rule remains unchanged except that the term 
``bus'' is changed to ``vehicle'' to clarify applicability to various 
transportation possibilities. The rule defines the content safety 
teaching must include, but leaves the method to the local program.

Section 1310.21(c) (re-designated Section 1310.21(c)(1) in the final 
rule)

Section 1310.21(e) (re-designated as Section 1310.21(c)(2) in the final 
rule)

    Paragraph (e) proposed that child and caregiver safety training 
should occur within the first five days of the program year.
    Comments. There were many objections that the five-day time limit 
is unreasonable and, in some cases, impossible.
    Response. As suggested by respondents, the final rule was modified 
to allow that safety instruction must occur within the first thirty 
days of the program year.

Section 1310.21(f) (re-designated as Section 1310.21(d) in the final 
rule)

    This section proposed that a minimum of two bus evacuation drills 
per year in addition to the one required under section 1310.21 (b)(5) 
be required.
    Comments. The comments ranged from recommending monthly evacuation 
drills to suggesting that the drills themselves could pose a safety 
risk and are unnecessary.
    Response. The requirement is consistent with the pupil 
transportation regulations in many States and, therefore, remains 
unchanged in the final rule.

Section 1310.21(g) (re-designated as Section 1310.21(e) in the final 
rule)

    Paragraph (g) proposed that teachers should develop daily 
activities to remind children of the safety procedures.
    Comments. Some respondents questioned the need for daily lessons.
    Response. The final rule requires staff to make safety reminders an 
integral, developmental and individualized part of program experiences 
rather than a discrete, daily, directly instructed lessons. The word 
``should'' was replaced by ``must'' because passenger and pedestrian 
safety awareness are essential elements of safe transportation service. 
Based on data indicating that most school bus related fatalities occur 
when a child is in the loading zone, NHTSA states that ``educating 
children on how to be safe pedestrians is fundamental to school bus 
safety'' (School Bus Safety: Safe Passage for America's Children, p.7)

Section 1310.22--Children With Disabilities

    This section of the NPRM specified that transportation services to 
children with disabilities enrolled in Head Start comply with the Head 
Start performance Standards on Service for Children with Disabilities.
    Comments. There were no significant comments to this section of the 
regulation. Other sections provoked concerns that the proposed rule 
would require all vehicles used for Head Start transportation be 
wheelchair accessible.
    Response. Head Start and Early Head Start programs are currently 
obligated to meet the requirements of the Americans with Disabilities 
Act, Head Start Performance Standards on Services for Children with 
Disabilities and Section 504 of the Rehabilitation Act of 1973. Under 
these regulations they must accommodate the special needs of

[[Page 5309]]

children with disabilities. Paragraph (a) of this section in the final 
rule was amended to clarify that Head Start transportation services 
must be accessible and that children with disabilities should be 
transported on vehicles that meet the requirements for school buses or 
allowable alternate vehicles. Transportation provided under the home-
based option is excepted from this provision unless the agency uses 
school buses or allowable alternate vehicles to transport other 
children enrolled in the home-based option. This exception has been 
created because it may not always be possible to ensure that when the 
agency does not regularly use school buses or allowable alternate 
vehicles to transport children receiving home-based services that an 
accessible school bus or allowable alternate vehicle will be available 
from another source when needed. The rule also specifies that, whenever 
possible, children with disabilities should be transported on the same 
vehicles used to transport other children in the program.

Section 1310.23--Coordinated Transportation

Section 1310.23 (a)(1) (re-designated under Section 1310.23(a) and 
1310.23(b)(1) in the final rule)

    Paragraphs (a) and (a)(1) proposed that Head Start grantees 
coordinate transportation resources with other human service agencies 
whenever possible to maximize access and efficiency. Agencies would be 
required to provide an analysis of the cost of providing transportation 
directly versus contracting for the service.
    Comments. Many respondents cited examples of difficulties obtaining 
transportation services from other providers. In particular, it was 
noted that while public schools might like to transport Head Start 
children, they rarely have space available on their buses. Finally, 
respondents noted that the vehicles used by other human service 
agencies would likely not meet Head Start vehicle requirements.
    Response. The NPRM was prefaced with the phrase ``whenever possible 
and to the extent feasible.'' It is understood that the opportunities 
for coordinated transportation services will vary across communities. 
The final rule was changed to clarify transportation coordination 
activities in which Head Start transportation providers will 
participate whenever possible. The phrase ``coordinate transportation 
services as follows'' was deleted from the final rule as it is 
unnecessary.

Section 1310.23(a)(3) (re-designated as Sec. 1310.23(b)(3) in the final 
rule)

    The NPRM stated that where no coordinated transportation system 
exists in a community, the Head Start grantee should make every effort 
to provide the impetus for the formation of a transportation 
coordinating council.
    Comments. Respondents suggested that the language needs to more 
strongly emphasize recognition that, with the exception of the local 
education agency (LEA), Head Start may be the only transportation 
service provider operating in some communities.
    Response. The phrases ``make every effort'' and ``where feasible'' 
in the NPRM were intended to reflect responsiveness to individual 
community needs. The requirement in the final rule specifies that when 
there is no coordinated transportation system, Head Start agencies will 
identify any other agencies providing transportation and support the 
establishment of a local transportation coordinating council where 
reasonable.

Section 1310.23(a)(4) (deleted from the final rule)

    This item specified that records be maintained to document 
compliance with the coordination requirements.
    Comments. Respondents objected to keeping additional records.
    Response. We agree with the respondents that this paragraph posed 
an unnecessary burden and have deleted it from the final rule. However, 
programs are expected to support the continuity and efficiency of 
community transportation whenever possible.

VI. 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 final 
rule 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 rules in ways that encourage maximum 
cost-effectiveness in transportation spending decisions.

Executive Order 13132

    Executive Order 13132 on Federalism applies to policies that have 
federalism implications, defined as ``regulations, legislative comments 
or proposed legislation, and other policy statements or actions that 
have substantial direct effects on the States, on the relationship 
between the national government and the States, or on the distribution 
of power and responsibilities among the various levels of government.'' 
This rule does not have federalism impacts as defined in the Executive 
Order.
    The Head Start Bureau surveyed the States to determine the 
applicability of State pupil transportation regulations to the Head 
Start program and learn about each States pupil transportation system. 
The Bureau also consulted extensively with Head Start programs and the 
Department of Transportation in the development of the regulation.

Family Well-Being Impact

    As required by Section 654 of the Treasury and General Government 
Appropriation Act of 1999, we have assessed the impact of this final 
rule on family well-being. This rule will improve the safety of 
preschool children being transported to and from Head Start programs 
and promote pedestrian and passenger safety training to adults and 
children.

Regulatory Flexibility Act of 1980

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) 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 Head Start agencies already provide 
transportation services in accordance with State and local 
requirements. Furthermore, the increased costs associated with 
implementing this regulation's provisions are small and well within 
grantees' capacity to manage. The total estimate of $18.9 million, less 
than one-third of one-percent of Head Start's annual budget, is 
comprised of three requirements. These are: $4.8 million to employ 
additional bus monitors for those relatively few programs currently 
operating vehicles without monitors;

[[Page 5310]]

$10 million to recruit and retain qualified bus drivers with Commercial 
Driver's Licenses for programs currently using drivers without the 
credential; and $4.1 million to purchase child safety restraint 
systems. ACF acknowledges that compliant vehicles can, in some cases, 
be more costly than non-compliant vehicles. However, these additional 
costs are generally offset by the fact that compliant vehicles may last 
longer, accommodate more children, and incur lower insurance costs than 
non-compliant vehicles.
    Currently, approximately 75 percent of all programs offer 
transportation services to some or all of their enrolled children and 
about 53 percent of all Head Start enrolled children receive 
transportation services. It is not anticipated that the implementation 
of the rule will cause any significant change in the numbers of 
children being transported.
    We believe that meeting the requirements of this regulation is 
feasible and will not impose excessive burden because we are providing 
a five-year phase-in period for compliance with vehicle requirements, a 
three-year compliance period for child safety restraint systems, and a 
twelve-month compliance period for other provisions of the rule. The 
five-year implementation period was adopted in response to comments 
elicited by the NPRM indicating that the useful life of a vehicle may 
be longer than the three years proposed in the NPRM. Therefore, the 
potential financial burden posed by the regulation will be 
significantly offset by avoiding the premature replacement of vehicles. 
The five-year period is further supported by the fact that 20-30 
percent of the vehicles operated by Head Start are replaced each year. 
The rule offers ample margins to absorb the useful life of most 
existing vehicles. The financial burden on Head Start agencies that 
acquire vehicles meeting the standards in these regulations is further 
eased by a 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)). Finally, grantees 
have been instructed for several years to purchase only conforming 
vehicles with Federal funds, so the majority of vehicles in the 
existing fleet are school buses or qualify as allowable alternate 
vehicles. For the reasons outlined above, no additional costs are 
anticipated related to vehicle replacement.
    The potential burden imposed by the transportation regulation's 
requirement for bus monitors is lessened by the fact that Head Start 
agencies that directly operate transportation services already employ 
more than 7,500 bus monitors. Many other organizations providing 
transportation services to children enrolled in Head Start also 
currently, either voluntarily or in response to State or local 
regulation, staff vehicles providing transportation to Head Start and 
Early Head Start agencies with bus monitors in addition to the driver. 
This part of the regulation has a three-year implementation period to 
ease the impact by providing planning time for transportation providers 
not currently employing or using volunteer bus monitors. In addition, 
many bus monitors fulfill dual roles, such as kitchen aide or teacher 
aide and bus monitor. This may be financially advantageous to both the 
employee and the employer and represents a mechanism to further reduce 
the impact of the provisions.
    The regulation specifies that agencies must offer transportation 
assistance to families when transportation services are not provided 
through the Head Start program. This requirement is consistent with 
section 1304.41(a)(2) which directs grantee and delegate agencies to 
``promote the access of children and families to community services 
that are responsive to their needs * * *'' Because such assistance is 
an integral element of the ongoing work of grantees and delegate 
agencies, the provision poses no additional burden.
    The decision to require two-way communication capacity on vehicles 
was carefully weighed in consideration of both its contributions to 
improved safety and increased cost. Many vehicles that transport 
children are now supplied with two-way communication devices. While the 
requirement represents an expense for some operators, the flexibility 
regarding type of equipment and the steadily decreasing cost for 
communication equipment suggest a minimal financial burden.
    Head Start and Early Head Start grantees and delegate agencies that 
currently rely on drivers who do not possess Commercial Drivers 
Licenses (CDLs) may find an increased cost associated with recruiting 
and retaining drivers with that license or retaining transportation 
services from another organization that supplies drivers with CDLs. 
However, in 1993, the Administration for Children and Families issued 
an Information Memorandum (ACYF-IM-9310) advising Head Start grantees 
and delegate agencies of the requirement that any vehicle designed to 
carry 16 or more passengers must be operated by a driver with a CDL. 
Many drivers providing Head Start transportation services currently 
possess CDLs and there is not an anticipated increase in the overall 
number of drivers, therefore; the burden of the provision is 
diminished.
    Substantial attention was dedicated to assessing alternative 
methods for improving transportation safety through channels other than 
the provisions of this regulation. Extensive research, the strongly 
worded recommendations of the National Transportation Safety Board and 
Head Start's 35-year history providing transportation services to very 
young children guided development of each of the regulation's 
provisions.
    For example, some respondents suggested that the adult-to-child 
ratio while children are being transported should be the same as the 
one required in Head Start classrooms. That would result in, depending 
on the children's ages, between one adult for every nine children and 
one adult for every four children. Another commenter indicated that bus 
monitors are not necessary at all as the driver can handle vehicle 
operation and child safety needs without assistance. The decision to 
require a minimum of one bus monitor per vehicle ensures that 
children's safety needs will be met, the driver can focus primarily on 
operating the vehicle, and that the burden is reasonable. One monitor 
is considered adequate during transportation, but not in the classroom, 
because children are not mobile while riding the vehicle and the space 
is contained. The NPRM provisions required the exclusive use of 
vehicles meeting the Federal standards for a school bus in providing 
Head Start transportation services. The provision was modified in the 
final rule to permit the use of an allowable alternate vehicle. The 
alternate vehicle provides a higher degree of flexibility for 
transportation providers and is responsive to many of the comments 
elicited by the NPRM.
    We believe that as Head Start agencies become more familiar with 
these requirements, any additional burden will be rendered less 
significant through the improved transportation safety for Head Start 
children. For these reasons, the Secretary certifies that these rules 
will not have a significant impact on substantial numbers of small 
entities.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act (Pub. L. 104-4) requires agencies 
to prepare an assessment of anticipated costs and benefits before 
proposing any rule that may result in an expenditure by State, local, 
and tribal governments,

[[Page 5311]]

in the aggregate, or by the private sector, of $100,000,000 or more in 
any one year (adjusted annually for inflation). This rule does not 
impose any mandates on State, local, or tribal governments, or the 
private sector that will result in an expenditure of $100,000,000 or 
more in any one year. Resources presently allocated by Head Start 
programs for transportation services are substantial and may be 
supplemented as necessary to meet additional requirements posed by the 
rule over the course of the implementation period.

Congressional Review

    This rule is not a major rule as defined in 5 U.S.C., Chapter 8.

Paperwork Reduction Act

    Under the Paperwork Reduction Act of 1980, Public Law 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 final rule 
contains no new information collection requirements.

List of Subjects in 45 CFR Part 1310

    Head Start, Reporting and recordkeeping requirements, 
Transportation.

(Catalog of Federal domestic Assistance Program Number 93.600, 
Project Head Start)

    Dated: September 6, 2000.
Olivia A. Golden,
Assistant Secretary for Children and Families.

    Approved: October 11, 2000.
Donna E. Shalala,
Secretary.

    For the reasons set forth in the Preamble, 45 CFR Chapter XIII is 
amended by adding Part 1310 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  Child Restraint Systems.
1310.12  Required use of School Buses or Allowable Alternate 
Vehicles.
1310.13  Maintenance of vehicles.
1310.14  Inspection of new vehicles at time of delivery.
1310.15  Operation of vehicles.
1310.16  Driver qualifications.
1310.17  Driver and bus monitor 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.

    Under the authority of sections 640(i) and 645A(b)(9) of the Head 
Start Act (42 U.S.C. 9801 et seq.), this part prescribes regulations on 
safety features and the safe operation of vehicles used to transport 
children participating in Head Start and Early Head Start programs. 
Under the authority of sections 644(a) and (c) and 645A(b)(9) of the 
Head Start Act, this part also requires Head Start, Early Head Start, 
and delegate agencies to provide training in pedestrian safety and to 
make reasonable efforts to coordinate transportation resources to 
control costs and to improve the quality and the availability of 
transportation services.


Sec. 1310.2  Applicability.

    (a) This rule applies to all Head Start and Early Head Start 
agencies, and their delegate agencies (hereafter, agency or agencies), 
including those that provide transportation services, with the 
exceptions provided in this section, regardless of whether such 
transportation is provided directly on agency owned or leased vehicles 
or through arrangement with a private or public transportation 
provider. Transportation services to children served under the home-
based Option for Head Start and Early Head Start services are excluded 
from the requirements of 45 CFR 1310.12, 1310.15(c), and 1310.16. 
Except when there is an applicable State or local requirement that sets 
a higher standard on a matter covered by this part, agencies must 
comply with requirements of this part.
    (b) Sections 1310.12(a) and 1310.22(a) of this part are effective 
January 18, 2006. Sections 1310.11 and 1310.15(c) of this part are 
effective January 20, 2004. Paragraph (c) of this section and 
Sec. 1310.12(b) of this part are effective February 20, 2001. All other 
provisions of this part are effective January 18, 2002.
    (c) Effective February 20, 2001 an agency may request a waiver of 
specific requirements of this part, except for the requirements of this 
paragraph. Requests for waivers must be made in writing to the 
responsible Health and Human Services (HHS) official, as part of an 
agency's annual application for financial assistance or amendment 
thereto, based on good cause. ``Good cause'' for a waiver will exist 
when adherence to a requirement of this part would itself create a 
safety hazard in the circumstances faced by the agency. Under no 
circumstance will the cost of complying with one or more of the 
specific requirements of this part constitute good cause. The 
responsible HHS official is not authorized to waive any requirements of 
the Federal Motor Vehicle Safety Standards (FMVSS) made applicable to 
any class of vehicle under 49 CFR part 571. The responsible HHS 
official shall have the right to require such documentation as the 
official deems necessary in support of a request for a waiver. 
Approvals of waiver requests must be in writing, be signed by the 
responsible HHS official, and be based on good cause.


Sec. 1310.3  Definitions.

    Agency as used in this regulation means a Head Start or Early Head 
Start or delegate agency unless otherwise designated.
    Agency Providing Transportation Services  means an agency providing 
transportation services, either directly or through another arrangement 
with a private or public transportation provider, to children enrolled 
in its Head Start or Early Head Start program.
    Allowable Alternate Vehicle means a vehicle designed for carrying 
eleven or more people, including the driver, that meets all the Federal 
Motor Vehicle Safety Standards applicable to school buses, except 49 
CFR 571.108 and 571.131.
    Bus monitor means a person with specific responsibilities for 
assisting the driver in ensuring the safety of the children while they 
ride, board, or exit the vehicle and for assisting the driver during 
emergencies.
    Child Restraint System means any device designed to restrain, seat, 
or position children who weigh 50 pounds or less which meets the 
requirements of Federal Motor Vehicle Safety Standard No. 213, Child 
Restraint Systems, 49 CFR 571.213.
    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 authorizes the individual to 
operate a class of commercial motor vehicles.
    Delegate Agency means a local public or private not-profit or for-
profit agency to which a Head Start or Early Head Start agency has 
delegated all or part of its responsibility for operation of a Head 
Start program.
    Early Head Start Agency means a public or private non-profit or 
for-profit agency or delegate agency designated to operate an Early 
Head Start program

[[Page 5312]]

pursuant to Section 645A of the Head Start Act.
    Early Head Start Program means a program of services provided by an 
Early Head Start Agency funded under the Head Start Act.
    Federal Motor Vehicle Safety Standards (FMVSS) means the National 
Highway and Traffic Safety Administration's standards for motor 
vehicles and motor vehicle equipment (49 CFR part 571) established 
under section 30111 of Title 49, United States Code.
    Fixed route means the established routes to be traveled on a 
regular basis by vehicles that transport children to and from Head 
Start or Early Head Start program activities, and which include 
specifically designated stops where children board or exit the vehicle.
    Head Start Agency, means a local public or private non-profit or 
for-profit agency designated to operate a Head Start program pursuant 
to Section 641 of the Head Start Act.
    Head Start Program means a program of services provided by a Head 
Start agency or delegate agency and funded under the Head Start Act.
    National Driver Register means the National Highway Traffic Safety 
Administration's automated system for assisting State driver license 
officials in obtaining information regarding the driving records of 
individuals who have been denied licenses for cause; had their licenses 
denied for cause, had their licenses canceled, revoked, or suspended 
for cause, or have been convicted of certain serious driving offenses.
    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.
    Reverse beeper means a device which automatically sounds an 
intermittent alarm whenever the vehicle is engaged in reverse.
    School Bus means a motor vehicle designed for carrying 11 or more 
persons (including the driver) and which complies with the Federal 
Motor Vehicle Safety Standards applicable to school buses.
    Seat Belt Cutter means a special device that may be used in an 
emergency to rapidly cut through the seat belts used on vehicles in 
conjunction with child restraint systems.
    State means any of the several States of the United States, the 
District of Columbia, the Commonwealth of Puerto Rico, any territory or 
possession of the United States, or any agency or instrumentality of a 
State exclusive of local governments.
    Transportation Services means the planned transporting of children 
to and from sites where an agency provides services funded under the 
Head Start Act. Transportation services can involve the pick-up and 
discharge of children at regularly scheduled times and pre-arranged 
sites, including trips between children's homes and program settings. 
The term includes services provided directly by the Head Start and 
Early Head Start grantee or delegate agency and services which such 
agencies arrange to be provided by another organization or an 
individual. Incidental trips, such as transporting a sick child home 
before the end of the day, or such as might be required to transport 
small groups of children to and from necessary services, are not 
included under the term.
    Trip routing means the determination of the fixed routes to be 
traveled on a regular basis for the purpose of transporting children to 
and from the Head Start or Early Head Start program or activities.

Subpart B--Transportation Requirements


Sec. 1310.10  General.

    (a) Each agency must assist as many families as possible who need 
transportation in order for their children to attend the program in 
obtaining that transportation.
    (b) When an agency has decided not to provide transportation 
services, either for all or a portion of the children, it must provide 
reasonable assistance to the families of such children to arrange 
transportation to and from its activities. The specific types of 
assistance being offered must be made clear to all prospective families 
in the program's recruitment announcements.
    (c) Each agency providing transportation services is responsible 
for compliance with the applicable requirements of this Part. When an 
agency provides transportation through another organization or an 
individual, the agency must ensure the compliance of the transportation 
provider with the requirements of this part.
    (d) Each agency providing transportation services, must ensure that 
each vehicle used in providing such services is equipped with:
    (1) a communication system to call for assistance in case of an 
emergency:
    (2) safety equipment for use in an emergency, including a charged 
fire extinguisher that is properly mounted near the driver's seat and a 
sign indicating its location;
    (3) a first aid kit and a sign indicating the location of such 
equipment; and
    (4) a seat belt cutter for use in an emergency evacuation and a 
sign indicating its location.
    (e) Each agency providing transportation services must ensure that 
any auxiliary seating, such as temporary or folding jump seats, used in 
vehicles of any type providing such services are built into the vehicle 
by the manufacturer as part of its standard design, are maintained in 
proper working order, and are inspected as part of the annual 
inspection required under Sec. 1310.13(a) of this subpart.
    (f) Each agency providing transportation services must ensure that 
all accidents involving vehicles that transport children receiving such 
services are reported in accordance with applicable State requirements.
    (g) Each agency must ensure that children are only released to a 
parent or legal guardian, or other individual identified in writing by 
the parent or legal guardian. This regulation applies when children are 
not transported and are picked up from the classroom, as well as when 
they are dropped off by a vehicle Agencies must maintain lists of the 
persons, including alternates in case of emergency, and up-to-date 
child rosters must be maintained at all times to ensure that no child 
is left behind, either at the classroom or on the vehicle at the end of 
the route.


Sec. 1310.11  Child Restraint Systems.

    Effective January 20, 2004, each agency providing transportation 
services must ensure that each vehicle used to transport children 
receiving such services is equipped for use of height- and weight-
appropriate child safety restraint systems.


Sec. 1310.12  Required use of School Buses or Allowable Alternate 
Vehicles.

    (a) Effective January 18, 2006, each agency providing 
transportation services must ensure that children enrolled in its 
program are transported in school buses or allowable alternate vehicles 
that are equipped for use of height- and weight-appropriate child 
restraint systems, and that have reverse beepers. As provided in 45 CFR 
1310.2(a), this paragraph does not apply to transportation services to 
children served under the home-based option for Head Start and Early 
Head Start.
    (b) Effective February 20, 2001, each Head Start and Early Head 
Start agency receiving permission from the responsible HHS official to 
purchase a vehicle with grant funds for use in

[[Page 5313]]

providing transportation services to children in its program or a 
delegate agency's program must ensure that the funds are used to 
purchase a vehicle that is either a school bus or an allowable 
alternate vehicle and is equipped
    (1) for use of height- and weight-appropriate child restraint 
systems; and
    (2) with a reverse beeper.
    (c) As provided in 45 CFR 1310.2(a), paragraph (b) of this section 
does not apply to vehicles purchased for use in transporting children 
served under the home-based option for Head Start and Early Head Start.


Sec. 1310.13  Maintenance of vehicles.

    Each agency providing transportation services must ensure that 
vehicles used to provide such services are maintained in safe operating 
condition at all times. The organization operating the vehicle must 
establish and implement procedures for:
    (a) a thorough safety inspection of each vehicle on at least an 
annual basis through an inspection program licensed or operated by the 
State;
    (b) systematic preventive maintenance on such vehicles; and
    (c) daily pre-trip inspection of the vehicles by the driver.


Sec. 1310.14  Inspection of new vehicles at the time of delivery.

    Each agency providing transportation services must ensure that bid 
announcements for school buses and allowable alternate vehicles for use 
in transporting children in its program include the correct 
specifications and a clear statement of the vehicle's intended use. 
Such agencies must ensure that there is a prescribed procedure for 
examining such vehicles at the time of delivery to ensure that they are 
equipped in accordance with the bid specifications and that the 
manufacturer's certification of compliance with the applicable FMVSS is 
included with the vehicle.


Sec. 1310.15  Operation of vehicles.

    Each agency providing transportation services, either directly or 
through an arrangement with another organization or an individual, to 
children enrolled in its program must ensure that:
    (a) On a vehicle equipped for use of such devices, any child 
weighing 50 pounds or less is seated in a child restraint system 
appropriate to the height and weight of the child while the vehicle is 
in motion.
    (b) Baggage and other items transported in the passenger 
compartment are properly stored and secured and the aisles remain clear 
and the doors and emergency exits remain unobstructed at all times.
    (c) Effective January 20, 2004, there is at least one bus monitor 
on board at all times, with additional bus monitors provided as 
necessary, such as when needed to accommodate the needs of children 
with disabilities. As provided in 45 CFR 1310.2(a), this paragraph does 
not apply to transportation services to children served under the home-
based option for Head Start and Early Head Start.
    (d) Except for bus monitors who are assisting children, all vehicle 
occupants must be seated and wearing height- and weight- appropriate 
safety restraints while the vehicle is in motion.


Sec. 1310.16  Driver qualifications.

    (a) Each agency providing transportation services must ensure that 
persons who drive vehicles used to provide such services, at a minimum:
    (1) in States where such licenses are granted, have a valid 
Commercial Driver's License (CDL) for vehicles in the same class as the 
vehicle the driver will operating; and
    (2) meet any physical, mental, and other requirements established 
under applicable law or regulations as necessary to perform job-related 
functions with any necessary reasonable accommodations.
    (b) Each agency providing transportation services must ensure that 
there is an applicant review process for use in hiring drivers, that 
applicants for driver positions must be advised of the specific 
background checks required at the time application is made, and that 
there are criteria for the rejection of unacceptable applicants. The 
applicant review procedure must include, at minimum:
    (1) all elements specified in 45 CFR 1304.52(b), with additional 
disclosure by the applicant of all moving traffic violations, 
regardless of penalty;
    (2) a check of the applicant's driving record through the 
appropriate State agency, including a check of the applicant's record 
through the National Driver Register, if available in the State; and
    (3) after a conditional offer of employment to the applicant and 
before the applicant begins work as a driver, a medical examination, 
performed by a licensed doctor of medicine or osteopathy, establishing 
that the individual possesses the physical ability to perform any job-
related functions with any necessary accommodations.
    (c) As provided in 45 CFR 1310.2(a), this section does not apply to 
transportation services to children served under the home-based option 
for Head Start and Early Head Start.


Sec. 1310.17  Driver and bus monitor training.

    (a) Each agency providing transportation services must ensure that 
persons employed to drive vehicles used in providing such services will 
have received the training required under paragraphs (b) and (c) of 
this section no later than 90 days after the effective date of this 
section as established by Sec. 1310.2 of this part. The agency must 
ensure that drivers who are hired to drive vehicles used in providing 
transportation services after the close of the 90 day period must 
receive the training required under paragraphs (b) and (c) prior to 
transporting any child enrolled in the agency's program. The agency 
must further ensure that at least annually after receiving the training 
required under paragraphs (b) and (c), all drivers who drive vehicles 
used to provide such services receive the training required under 
paragraph (d) of this section.
    (b) Drivers must receive a combination of classroom instruction and 
behind-the-wheel instruction sufficient to enable each driver to:
    (1) operate the vehicle in a safe and efficient manner;
    (2) safely run a fixed route, including loading and unloading 
children, stopping at railroad crossings and performing other 
specialized driving maneuvers;
    (3) administer basic first aid in case of injury;
    (4) handle emergency situations, including vehicle evacuation 
procedures;
    (5) operate any special equipment, such as wheelchair lifts, 
assistance devices or special occupant restraints;
    (6) conduct routine maintenance and safety checks of the vehicle; 
and
    (7) maintain accurate records as necessary.
    (c) Drivers must also receive instruction on the topics listed in 
45 CFR 1304.52(k)(1), (2) and (3)(i) and the provisions of the Head 
Start Program Performance Standards for Children with Disabilities (45 
CFR 1308) relating to transportation services for children with 
disabilities.
    (d) Drivers must receive refresher training courses including the 
topics listed in paragraphs (b) and (c) of this section and any 
additional necessary training to meet the requirements applicable in 
the State where the agency operates.
    (e) Each agency providing transportation services must ensure that 
drivers who transport children receiving

[[Page 5314]]

the services qualify under the applicable driver training requirements 
in its State.
    (f) Each agency providing transportation services must ensure that:
    (1) the annual evaluation of each driver of a vehicle used to 
provide such services includes an on-board observation of road 
performance; and
    (2) before bus monitors assigned to vehicles used to provide such 
services begin their duties, they are trained on child boarding and 
exiting procedure, use of child restraint systems, any required 
paperwork, responses to emergencies, emergency evacuation procedures, 
use of special equipment, child pick-up and release procedures and pre- 
and post-trip vehicle check.

Subpart C--Special Requirements


Sec. 1310.20  Trip routing.

    (a) Each agency providing transportation services must ensure that 
in planning fixed routes the safety of the children being transported 
is the primary consideration.
    (b) The agency must also ensure that the following basic principles 
of trip routing are adhered to:
    (1) The time a child is in transit to and from the Head Start or 
Early Head Start program must not exceed one hour unless there is no 
shorter route available or any alternative shorter route is either 
unsafe or impractical.
    (2) Vehicles must not be loaded beyond the maximum passenger 
capacity at any time.
    (3) Vehicles must not be required to back up or make ``U'' turns, 
except when necessary for reasons of safety or because of physical 
barriers.
    (4) Stops must be located to minimize traffic disruptions and to 
afford the driver a good field of view in front of and behind the 
vehicle.
    (5) When possible, stops must be located to eliminate the need for 
children to cross the street or highway to board or leave the vehicle.
    (6) If children must cross the street before boarding or after 
leaving the vehicle because curbside drop off or pick up is impossible, 
they must be escorted across the street by the bus monitor or another 
adult.
    (7) Specific procedures must be established for use of alternate 
routes in the case of hazardous conditions that could affect the safety 
of the children who are being transported, such as ice or water build 
up, natural gas line breaks, or emergency road closing. In selecting 
among alternatives, transportation providers must choose routes that 
comply as much as possible with the requirements of this section.


Sec. 1310.21  Safety education.

    (a) Each agency must provide training for parents and children in 
pedestrian safety. The training provided to children must be 
developmentally appropriate and an integral part of program 
experiences. The need for an adult to accompany a preschool child while 
crossing the street must be emphasized in the training provided to 
parents and children. The required transportation and pedestrian safety 
education of children and parents, except for the bus evacuation drills 
required by paragraph (d) of this section, must be provided within the 
first thirty days of the program year.
    (b) Each agency providing transportation services, directly or 
through another organization or an individual, must ensure that 
children who receive such services are taught:
    (1) safe riding practices;
    (2) safety procedures for boarding and leaving the vehicle;
    (3) safety procedures in crossing the street to and from the 
vehicle at stops;
    (4) recognition of the danger zones around the vehicle; and
    (5) emergency evacuation procedures, including participating in an 
emergency evacuation drill conducted on the vehicle the child will be 
riding.
    (c) Each agency providing transportation services must provide 
training for parents that:
    (1) emphasizes the importance of escorting their children to the 
vehicle stop and the importance of reinforcing the training provided to 
children regarding vehicle safety; and
    (2) complements the training provided to their children so that 
safety practices can be reinforced both in Head Start and at home by 
the parent.
    (d) Each agency providing transportation services must ensure that 
at least two bus evacuation drills in addition to the one required 
under paragraph (b)(5) of this section are conducted during the program 
year.
    (e) Each agency providing transportation services must develop 
activities to remind children of the safety procedures. These 
activities must be developmentally appropriate, individualized and be 
an integral part of the Head Start or Early Head Start program 
activities.


Sec. 1310.22  Children with disabilities.

    (a) Effective January 18, 2006 each agency must ensure that there 
are school buses or allowable alternate vehicles adapted or designed 
for transportation of children with disabilities available as necessary 
to transport such children enrolled in the program. This requirement 
does not apply to the transportation of children receiving home-based 
services unless school buses or allowable alternate vehicles are used 
to transport the other children served under the home-based option by 
the grantee. Whenever possible, children with disabilities must be 
transported in the same vehicles used to transport other children 
enrolled in the Head Start or Early Head Start program.
    (b) Each Head Start, Early Head Start and delegate agency must 
ensure compliance with the Americans with Disabilities Act (42 U.S.C. 
12101 et seq.), the HHS regulations at 45 CFR part 84, implementing 
Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), and the 
Head Start Program Performance Standards on Services for Children with 
Disabilities (45 CFR part 1308) as they apply to transportation 
services.
    (c) Each agency must specify any special transportation 
requirements for a child with a disability when preparing the child's 
Individual Education Plan (IEP) or Individual Family Service Plan 
(IFSP), and ensure that in all cases special transportation 
requirements in a child's IEP or IFSP are followed, 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) Each agency providing transportation services must make 
reasonable efforts to coordinate transportation resources with other 
human services agencies in its community in order to control costs and 
to improve the quality and the availability of transportation services.
    (b) At a minimum, the agency must:
    (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) explore the option of participating in any coordinated public 
or private transportation systems existing in the community; and
    (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 reasonable, to participate in the establishment of 
a

[[Page 5315]]

local transportation coordinating council.
[FR Doc. 01-1123 Filed 1-17-01; 8:45 am]
BILLING CODE 4184-01-M