Interpretation ID: nht91-4.32

DATE: June 28, 1991

FROM: Dale R. Thompson -- Executive Director, Anderson County Board for the Mentally Retarded and Developmentally Disabled

TO: Mary Versailles -- NHTSA

TITLE: None

ATTACHMT: Attached to letter dated 8-7-91 from Paul Jackson Rice to Dale R. Thompson (A38; Part 571.3)

TEXT:

Per our recent phone conversation, I am contacting your office requesting FHTSA rulings on several transportation issues confronting my agency and the public school districts of Anderson County. These issues involve the transportation of handicapped children ages 3 and 4 that are officially classified as public school children under recent implementation of Public Law 99-457. Public Law 99-457 requires that public schools provide educational and related services. (including transportation) to eligible handicapped children. Prior to the implementation of this law, our agency has transported this population to and from our center based program for developmental and custodial care. We were not subject to FEDERAL or state PUBLIC SCHOOL TRANSPORTATION guidelines as these children were not, prior to implementation of Public Law 99-457, classified as public school children. As the fiscal demands of Public Law 99-457 are forcing a combined effort between my agency and the local public schools, we are evaluating the possibility of utilizing my agency's transportation vehicles to provide total or partial transportation assistance as a collaborative effort. However, prior to making such decisions all agencies and Boards involved feel a federal and state analysis for legal compliance are needed. I would appreciate your guidance or rulings on the following: (Note: The vehicles for proposed use are 15 passenger Dodge/ Chevy/Ford/GMC body types). 1. The vehicles our agency has previously purchased to transport this population prior to their public school age classification does not meet FMVSS/FHTSA standards as a "school bus". As we are proposing to utilize these vehicles to transport this population TO and FROM a public school facility for both education and custodial care, are our vehicles subject to any current, or proposed FHTSA requirements? Note 1. Each child will receive approximately 2 hours of educational services from the school system and 3-4 hours of custodial care per day at the same location.

2. Would these vehicles be subject to FHTSA/FMVSS requirements if they were only used to transport this population FROM the educational/ custodial location each afternoon (From school to home only). Note 2. After mid-morning public school services are completed, our agency will be providing afternoon custodial care prior to the return trip home.

3. What safety features are required of a "bus" in order to comply with FHTSA/FMVSS standards.

As I mentioned to you over the phone, I would appreciate as prompt a response as possible gives the onset of a new school year.

If you need additional information or clarification to assist your determination process, let me know.