Interpretation ID: nht91-5.36
DATE: September 6, 1991
FROM: Paul Jackson Rice -- Chief Counsel, NHTSA
TO: Vel McCaslin -- Director, Grace After School
TITLE: None
ATTACHMT: Attached to letter dated 7-16-91 from Vel McCaslin to Mary Versailles
TEXT:
This responds to your letter of July 16, 1991, asking whether Grace After School is a "school" or "school-related event." This letter was in response to our letter of May 29, 1991, which concluded that the vans used to transport children to your program would be considered "school buses" only if your program is a "school or school-related event." You explained that your program is conducted from 3 p.m. to 6 p.m. daily, and operates under the auspices of Grace Presbyterian Church. The program picks up children from three area schools and brings them to the church. Once there, they are provided with snacks, have a period of about 1 hour for homework, and then go into activities like roller skating, art, music, and religion classes." No transportation home is provided. You also accept children from Grace School, a school which is connected with the church, but those children do not need transportation.
To determine whether a program like Grace After School is a "school," the agency looks at whether the function of the facility is primarily educational or custodial in nature. Based upon the description you have provided, it does not appear that Grace After school is a school.
To determine whether a program like Grace After School is a school-related event," the agency looks at the overall relationship between the program and the schools from which children are being transported to attend the program. Assuming that there is no significant relationship between Grace After School and the schools from which the children are being transported, it does not appear that Grace After School is a school-related event.
I hope you find this information helpful. If you have further questions, please contact Mary Versailles of my staff at this address or by telephone at (202) 366-2992.