Interpretation ID: 17322.drn

Mr. Gary Hammontree
Director, Physical Plant
Starr Commonwealth
13725 Starr Commonwealth Rd.
Albion, MI 49224

Dear Mr. Hammontree:

This responds to your letter asking for information as to whether your nonprofit organization must use school buses to transport youngsters in your residential treatment program. You also ask about the Alternative Education Program (AEP). As explained below, we do not consider the residential treatment program to constitute a "school" as that term is used in our statute. Thus, new buses sold to you for transporting youngsters in the program are not required to be school buses under Federal law. Your buses used in the AEP may or may not be school buses, depending on how regularly they are used for school transportation. With regard to both programs, you should also keep in mind that the States regulate the registration and use of vehicles in their jurisdictions. You should therefore consult Michigan law to see what requirements, if any, apply to the vehicles.

Your letter explains that Starr Commonwealth provides many social services to children and families. One service offered is transportation for:

youth that have been through the juvenile justice system and placed in our residential treatment program. While they attend school on our campus, their primary reason for being placed with us is not for education, but rather to work toward resolving their emotional and delinquent behavior.

Your letter states that for children in the residential treatment program, transportation is provided to events such as "service projects in the community that assist in the building of self esteem, home visits, and recreational activities."

Your letter also noted that Starr Commonwealth provides an Alternative Education Program. Youngsters in the AEP attend public schools and are transported to and from school in school

buses associated with the public schools. Your letter states that occasionally Starr Commonwealth provides transportation for the youngsters in the AEP.

By way of background, the National Highway Traffic Safety Administration (NHTSA) is authorized to issue and enforce Federal motor vehicle safety standards applicable to new motor vehicles. Our statute at 49 U.S.C. 30112 (copy enclosed) requires any person selling or leasing a new vehicle to sell or lease a vehicle that meets all applicable standards. Accordingly, persons selling or leasing a new "school bus" must sell or lease a vehicle that meets the safety standards applicable to 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. 49 U.S.C. 30125 (copy enclosed). Therefore, large (e.g., 15-passenger) vans that are likely to be used significantly to transport school students are "school buses."

Your letter raises two questions. First is whether Starr Commonwealth'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 Starr Commonwealth 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, Starr Commonwealth is not a "school." Accordingly, if a dealer were to sell a new bus (e.g., a 15-passenger van) to Starr Commonwealth, that dealer need not sell a new school bus.

Please note that Federal law and NHTSA's safety standards directly regulate only the manufacture and sale of new motor vehicles, not their use. Each State is free to impose its own standards regarding use of motor vehicles, including school buses. Although NHTSA does not consider the residential treatment program to be a "school" for purposes of our statute, the State of Michigan may have transportation requirements for such youngsters.

The second issue is whether school buses are required in transporting youngsters in the Alternative Education Program to and from public schools. I would agree with your assessment that the answer is yes, any new bus that is likely to be "used significantly" to transport AEP students "to or from school" is covered by our school bus requirements. This means that any person selling a new bus that is likely to be used significantly for the purpose of carrying AEP students to or from public schools must sell a school bus, or be subject to civil penalties for selling a vehicle that does not comply with applicable safety standards.

You indicate that typically school buses associated with the public schools are in fact used to carry your youngsters to school. However, you also indicate that Starr Commonwealth "occasionally" transports them to school-related events (you did not specify the extent of the "occasional" use.) 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 for regular use transporting students to school-related events would be required to sell a certified school bus.

I hope this information is helpful. Please accept my apologies for the earlier letter on air bags that was inadvertently sent to you. If you have any further questions, please feel free to contact Dorothy Nakama of my staff at this address or by telephone at (202) 366-2992.

Sincerely,
John Womack
Acting Chief Counsel
ref:VSA#571.3
d.4/8/98