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Laws & Regulations

Evolution of transportation service within the Head Start program has followed an uncertain course over the past quarter-century. Several independent federal agencies have been involved, often with their own agenda. Listed here, users will find the important laws and regulations, information memorandums, interpretation letters, notices of proposed rulemaking, final rules and more, that chart this evolution. For an overview, start with Chronology and Supplementary Information.

Program Instruction (June 26, 2007)
The purpose of this Program Insturction is to provide grantees with information on what constitutes allowable non-federal share, particularly with regards to the transportation of Head Start children to and from the Head Start center. Establishes a third type of vehicle that can be use to transport Head Start Children.

Federal Register Notice of Proposed Rulemaking (May 30, 2006) -- NPRM proposes to grant annual waivers, under certain limited circumstances, to provisions in the current Head Start transportation regulation (45 (CFR 1310). Proposes changes to the requirement that each child be seated in a child restraint system while the vehicle is in motion, the requirement that each bus have at least one bus monitor on board at all times, and the weight requirement for child restrain systems. Click here to submit comments to the docket no later than July 31, 2006.

Choosing the Correct School Bus For Transporting Pre-School Age Children: New guideline from the National Highway Traffic Safety Administration about how to select, specify and buy a school bus to serve the transportation needs of pre-school age youngsters.

Final Rule: The final Head Start transportation rule in its entirety as published in the Federal Register on January 18, 2001.

Supplementary Information: More than six years in the making, this is NHTSA's explanation for its decisions on the final rule establishing transportation regulations for the Head Start community. This section was lifted, verbatim, from the Final Rule. (Editor's note: This section should be read together with the article titled Chronology listed immediately below.)

Chronology: This chronology describes the laws, regulations and other legal developments that shaped transportation service within Head Start. (Editor's note: This section should be read together with the article titled Supplementary Information listed immediately above.)

Part 1310: Language detailing regulatory requirements for Head Start transportation.

Definition of Terms: 45 CFR 1310.3 provides the definitions for 19 key terms used in the regulation.

Head Start Transportation NPRM:  1995 Notice of Proposed Rulemaking would require all Head Start children be transported on yellow school buses.

Head Start NPRM on Transportation Safety: 1996 article in the Head Start Bulletin by Bill Wilson, program specialist, explaining the bureau's interest in transportation safety.

NASDPTS Comment:  1998 comment to the docket about the then-proposed Head Start transportation NPRM by the National Association of State Directors of Pupil Transportation Services.

ACYF-IM-82-01 Administration for Children and Families Information Memorandum addresses the applicability of NHTSA's regulation governing school bus seating capacity of eleven (11) or more. ACYF suggests that all buses purchased or leased to transport Head Start children meet the NHTSA standards.(1/19/82)

ACYF-IM-83-06 Administration for Children and Families Information Memorandum notified Head Start grantees and delegate agencies of a Highway Accident Report prepared by the National Transportation Safety Board (NTSB) about an accident involving a Head Start van. (3/24/83)

ACYF-IM-93_10 Administration for Children and Families Information Memorandum notified Head Start grantees of Guideline 17 and Commercial Motor Vehicle Safety Act of 1986. (3/18/93)

ACYF-IM-HS-95-25 Administration for Children and Families Information Memorandum alerting grantees and delegate agencies about Notice of Proposed Rulemaking on Head Start Transportation Safety. (6/19/95)

ACYF-IM-HS-95-37 Administration for Children and Families Information Memorandum alerting grantees and delegate agencies about Drug and Alcohol Testing Requirements for Head Start Drivers. (12/12/95)

ACYF-IM-HS-99-072 Administration for Children and Families Information Memorandum notifying grantees and delegate agencies about two NHTSA publications: "Guideline for the Safe Transportation of Pre-School Age Children in School Buses" and "School Bus Safety: Safe Passage for America's Children." (6/11/99)

ACYF-IM-HS-01-01 Final Rule on Head Start Transportation

Compilation of the Head Start Act This compilation of the legislation authorizing the Head Start program was made by the staff of the U.S. Dept. of Health & Human Services. This compilation identifies language from the most recent law reauthorizing Head Start in bold face type.

Coats Human Services Reauthorization Act: The most recent legislation authorizing the Head Start program is the Coats Human Services Amendments of 1998, PL105-285 (10/27/98). Click on either the text or PDF version to view the law in its entirety. (Webmaster note: The text version of this file is 497 KB long, the PDF version of this file is 314 KB long and requires Adobe Acrobat to open.)

Head Start Act As amended in 1994.

49 CFR Parts 571 and 596 FMVSS Child Restraint Systems and Child Restraint Anchorage Systems This final rule establishes a new Federal motor vehicle safety standard that requires motor vehicle manufacturers to provide motorists with a new way of installing child restraints. In the future, vehicles will be equipped with child restraint anchorage systems that are standardized and independent of the vehicle seat belts.

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