IMPROVING TRANSPORTATION SERVICES IN EARLY EDUCATION

AND CARE SETTINGS

EEC Board Meeting - December 13, 2011

Recommendations from the Special Committee on Transportation

Final Board Vote of October 11, 2011:

The Board of Early Education and Care hereby approves the Special Committee’s recommendations by:• Enacting the transportation policy recommended by the Special

Committee that details the procedures for the drop-off and pick-up of children by Transportation Providers and for Parent/Program Notification in the event a child does not arrive at a program;

• Reviewing the proposed Transportation Provider Performance Standards for contract implementation in an expedited manner; and

• Reviewing regulation amendments relative to the safe transport of children to be presented to the Board in December, 2011.

Transportation Policy

All EEC Licensed Providers notified on November 2, 2011 that Transportation Policy to go into effect December 1, 2011

Based upon several questions and issues raised by programs, Transportation Providers, and public schools EEC reviewed and revised Transportation Policy; issued November 28, 2011 with an effective date of December 12, 2011

Requires regulation amendment to include notification if child fails to arrive at the program as scheduled

Provider ResponsibilityThe Early Education and Care Licensed Provider shall be responsible for full compliance with EEC’s transportation laws/policies, regardless of how transportation is provided.

Policy and Research Committee Input:Some committee members suggested that provider responsibility should be determined based upon type of care provided, i.e. a family child care provider associated with a Family Child Care System should not be responsible for assuming responsibility for a child during transport.

Next Step: Requires regulation amendment to clarify EEC Licensed

Provider’s responsibility for a child during transport and transition to and from the program whenever the transportation is owned or contracted by the Provider.

Vehicle Monitoring:

All Transportation Providers shall ensure that vehicles designed to transport 6+ children shall be equipped with approved electronic vehicle monitoring devices that prompt staff to inspect. Vehicle monitoring devices are not required for vehicles that carry an assigned monitor, that only transport school aged children, unless the children are developmentally or physically disabled or on vehicles that are only used for occasional field trips or other similar trips. Department’s Recommendations:

When 4 or more children are transported by a Transportation Provider, an electronic vehicle monitoring device is required in the vehicle.

EEC would have to assume cost of this mandate unless the daily transportation rate is increased.

Relevant Information:   2010 – 49 children under age of 14 died of hyperthermia-

related injuries when left in vehicles; half were forgotten on way to child care (not differentiated as by parent or by other driver)

July, 2011 – 21 children under age of 14 died of hyperthermia-related injuries

(Source: San Francisco State University, Department of Geosciences)

July 28, 2011 - National Highway Transportation Safety Association began series of roundtable meetings with key stake- holders to raise awareness and to propose strategies to address these types of incidents; Children’s Hospital of Philadelphia and Ohio State University working on joint research to determine effectiveness

of various devices, including electronic vehicle monitoring devices, are effective. Final Report due by 12/31/11

Additional Steps:

Department has contacted MA Department of Transportation and Registry of Motor Vehicles to ensure alignment with 7D vehicle regulations and impact of such a requirement, if any, on these agencies.

Window Tinting:

All Transportation Providers shall ensure that vehicles that transport children do not have window tinting.

 Relevant Regulation: 540 CMR 4.04(8)(g)Aftermarket tinting or alterations that do not change the transparency beyond that of the standards set forth in 49 CFR Part 571.205 is acceptable on windows immediately adjacent to the operator and front passenger seat, the windows immediately to the rear of the operator and front passenger seat and the rear window. If the rear window has any aftermarket tinting or alterations, the vehicle must be equipped with two outside rear view mirrors.

Department’s Recommendations:

Require that vehicles that transport child care children comply with the RMV’s regulations and the federal standards set forth in 49 CFR Part 571.205.

Work with the RMV and MASSDOT to ensure that window tinting is enforced during semi-annual inspections. If determined that window tinting is non-compliant, Transportation Provider is required to remediate within timeframe established by RMV.

Require all Transportation Providers to annually provide a copy of 7D inspection for each vehicle transporting children along with VIN, Registration number, and type of vehicle pending receipt of additional EEC licensor who would assume this responsibility.

Additional Steps:

Requires alignment with MASSDOT and RMV regulations and requirements for 7D vehicles and school buses.

Proposed Contract Amendment and Regulation Promulgation Timetable

Confer with RMV, DOT, and HST for alignment with existing state regulations, impact of proposed requirements, and to determine if EEC can develop additional process for monitoring vehicles; further review of proposed Transportation Provider Performance Standards with these agencies and with outside stakeholders

December, 2011 – January 31, 2012

Proposed Regulation Amendments brought to Policy and Research Committee for review; feedback on Performance Standards brought to Committee

February 6, 2012

Potential Board Vote on Regulation Amendments to go to Public Comment

Finalization of Performance Standards with Contract Amendments to Income Eligible Contract Providers and Priority Population Contract Providers

February 14, 2012

March – April, 2012