Interpretation ID: 18005.drn

Mr. Jeffrey T. Morris
Director of Human Resources
George Junior Republic
P. O. Box 1058
Grove City, PA 16127

Dear Mr. Morris:

This responds to your request for an interpretation whether George Junior Republic, a "non-profit residential treatment facility," must use school buses to transport youth under its care. As explained below, we do not consider the residential treatment program to constitute a "school" as that term is used in our statute. However, to the extent you transport the pupils to athletic and other events related to the public school located at your facility, a new bus that is sold for such purposes may have to be a school bus, depending on how regularly the vehicle is used for the school-related transportation. You should also keep in mind that the States regulate the registration and use of vehicles in their jurisdictions. You should therefore consult Pennsylvania law to see what requirements, if any, apply to how your youth are to be transported.

Your letter explains:

George Junior Republic is a non-profit residential treatment facility located in Grove City, Pennsylvania. We provide residential care to approximately 460 teenagers who are adjudicated delinquent or dependent and court ordered into treatment for care and rehabilitation. ... All of our students are educated by Public School Systems. The residents attend a school located on our campus which is operated and governed by the Grove City Area School District. These students walk to and from school so transportation is not a problem.

You also explain that each youth lives in a campus home with seven other youths, headed by a married couple who are the counselor/parents. The youths with their counselor/parents may attend off-campus activities that require transportation. In addition, you explained to Dorothy Nakama of my staff that George Junior Republic youth participate in athletic competitions with other schools in the Grove City Area School District. They are also occasionally taken on field trips for academic purposes.

Some background information on our requirements may be helpful. The National Highway Traffic Safety Administration (NHTSA) is authorized to issue and enforce Federal motor vehicle safety standards applicable to new motor vehicles, including school buses. In 1974, Congress enacted legislation directing NHTSA to issue safety standards on specific aspects of school bus safety, and to apply those standards to all school buses. Our statute defines a "school bus" as any vehicle that is designed for carrying 11 or more persons and which is likely to be "used significantly" to transport "preprimary, primary, and secondary" students to or from school or related events (emphasis added). 49 U.S.C. 30125. Our statute at 49 U.S.C. 30112 requires any person selling or leasing a new "school bus," which may include a 15-passenger van, to sell or lease a vehicle that meets the Federal school bus safety standards. The seller risks substantial penalties if he or she knowingly sells a vehicle for use as a school bus and the vehicle is not certified as such.

Your letter raises two questions. First is whether George Junior Republic's residential treatment program constitutes a "school." This question is one the agency finds appropriate to resolve case-by-case, focusing on the type of services provided by the organization at issue.

The facts you have provided show that George Junior Republic primarily provides psychological and therapeutic counseling and other social services for the youngsters. For purposes of NHTSA's safety standards, I have concluded that these services are distinct from the academic instruction associated with a "school," and that therefore, George Junior Republic is not a "school." (This finding is consistent with NHTSA's April 8, 1998, letter to Mr. Hammontree of Starr Commonwealth, a residential treatment facility whose program appears similar to that of George Junior Republic.) Thus, if a dealer were to sell a new bus to George Junior Republic for purposes of transporting youth to social services activities relating to the rehabilitation of your clients, the dealer need not sell a school bus.

The second issue is whether school buses are required in transporting George Junior Republic youngsters to and from events related to the public schools, e.g., athletic competitions with other Grove City schools, and school-related field trips.

From your letter, we are unable to estimate the extent of transportation for "school-related" activities versus non-school related activities (such as outings with parent/counselors and others for recreational or rehabilitation purposes). Please note that we consider any bus that is likely to be "used significantly" to transport students to or from school or related events a "school bus." If your buses are only occasionally used for school-related events, such use would not be significant. However, if your vehicles are used on a regular basis to transport students to school-related events, the buses would be school buses. Any person selling a new bus (including 15-passenger vans) for regular use transporting students to school-related events would be required to sell a certified school bus.

Please note that Federal law and NHTSA's safety standards directly regulate only the manufacturer and seller of new motor vehicles, not individual users. Federal law does not prohibit owners from using their vans to transport school children, regardless of whether such vans meet the Federal school bus safety standards. However, the states have the authority to regulate the use of motor vehicles, including school vehicles, and your state may have restrictions on the types of vehicles you may use. Thus, you should consult Pennsylvania law as to whether Pennsylvania has requirements for the vehicles you use for carrying clients to social services programs, or to school-related events.

For information on Pennsylvania's requirements, you can contact Pennsylvania's State Director of Pupil Transportation:

I hope this information is helpful. If you have any further questions, please feel free to contact Dorothy Nakama at this address or by telephone at (202) 366-2992.

Sincerely,
Frank Seales, Jr.
Chief Counsel
ref:571#VSA