Interpretation ID: aiam5275
Inc. Post Office Box 2450 High Point
NC 27261;
"Dear Ms. Barbee: This responds to your letter to me of October 14 1993, and your telephone conversation with Walter Myers of my staff on October 22, 1993. You stated in your letter that you are the Head Start Sales Coordinator for Thomas Built Buses, Inc., and in that capacity you have found that many Head Start agencies are using conventional vans to transport Head Start students to and from their programs. You stated that when you asked the directors of the agencies why they did not use vehicles that comply with Federal motor vehicle safety standards (FMVSS) for school buses, their usual answer was 'because we have not been told otherwise.' You then asked whether this practice is illegal and if so, what your organization can do to rectify the situation. As Mr. Myers explained in your telephone conversation, this agency has repeatedly stated that Head Start facilities are preprimary schools. Therefore, new buses sold to Head Start centers for use in transporting Head Start participants to and from school must comply with all Federal motor vehicle safety standards applicable to school buses. However, Federal law does not require Head Start facilities to use complying school buses or any other particular vehicles. The individual states, not the Federal government, have authority over the use of vehicles. As promised by Mr. Myers, please find enclosed interpretation letters previously issued by us on this issue, as follows: to Hon. Paul David Wellstone, U.S. Senate, dated Jan. 26, 1993, to Mr. Chuck Anderson, dated Aug. 21, 1992, and to Mr. Charles Pekow, dated Sept. 27, 1985. I hope this information will be useful. If you have any further questions or desire any further information, please feel free to contact Mr. Myers at this address or at (202) 366-2992. Sincerely, John Womack Acting Chief Counsel Enclosures ";