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PART 1310 -- HEAD START TRANSPORTATION
Subpart A -- General
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.
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.
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 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
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.
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.
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 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.
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.
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.
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.
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.
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 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
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.
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.
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.
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 local
transportation coordinating council.
Last Modified: 09/20/2004
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