Transportation Provider Performance Standards issued by the Massachusetts
Department of Early Education and Care for the Transportation of Children
The Department of Early Education and Care (EEC) has developed provider performance standards for those entities that utilize, provide or contract for transportation services in early education and care and out-of-school time settings in Massachusetts. The following performance standards must be adhered to by all Transportation Providers, Family Child Care Systems (“Systems”) and Early Education and Care Providers, including licensed and license exempt providers that receive child care financial assistance from EEC, that provide or contract for transportation services.
A Transportation Provider shall be defined as an individual or entity that is employed by or has subcontracted with a System or Early Education and Care Provider to provide transportation services and who drives a child in a motor vehicle, car, bus, or school bus from a child’s home to a child care program and/or from a child care program to the child’s school as defined by M.G.L. c. 90, §7B or §7D.
GENERAL BUSINESS STANDARDS:
§ The Transportation Provider shall, unless otherwise exempted by law, indemnify and hold harmless the Commonwealth of Massachusetts, including but not limited to EEC and the Executive Office of Education (EOE), their agents, officers and employees against any and all claims, liabilities and costs for any personal injury or property damages, patent or copyright infringement or other damages that the Commonwealth may sustain, which arise out of or in connection with the Transportation Provider’s performance, including but not limited to the negligence, reckless or intentional conduct of the Transportation Provider, its agents, officers, employees, volunteers, or subcontractors.
§ The Transportation Provider shall at no time be considered an agent or representative of any state Agency or the Commonwealth.
§ A Transportation Provider who is a subcontractor to a System or an Early Education and Care Provider is subject to the provisions of the Commonwealth Terms and Conditions and Standard Contract terms. In addition to any termination provisions established by the System or the Early Education and Care Provider, EEC retains the right to require the System or the Early Education and Care Provider to terminate a subcontract for cause if the Subcontractor breaches any material term or condition or fails to satisfactorily meet the performance standards specified in this Attachment.
§ The Transportation Provider must obtain and maintain in current status any and all business licenses, permits, certificates and/or registrations required by Federal, State or local laws, rules and regulations and must provide copies to the System or the Early Education and Care Provider upon request.
TRANSPORTATION OPERATIONS/ADMINISTRATION:
The Transportation Provider shall:
§ Ensure that all vehicles used for the transportation of children are owned, leased, or otherwise controlled by the Transportation Provider by means of a written agreement.
§ Ensure that all vehicles (both primary and backup) used for the transportation of children meet the specifications as described herein. The Transportation Provider shall furnish to the System or the Early Education and Care Provider a list of all vehicles that will be used under the provisions of the contract and update that list whenever any changes are made. This list shall include the make, model year, vehicle identification number (VIN), registration number, license number and vehicle type for each vehicle to be used to transport children.
§ Remove from service any vehicle that is unsatisfactory or questionable for safety or roadworthiness (e.g. two-way radio inoperative, inspection shows problems, due for maintenance, etc.) immediately upon discovery of such unsatisfactory or questionable condition.
§ Ensure that all personnel meet the applicable qualification requirements. The Transportation Provider shall designate at least one employee to obtain CORI (Criminal Offender Record Information) certification from the Department of Criminal Justice Information Services (DCJIS) and Background Record Check Information from the Department of Children and Families (DCF), who is responsible for requesting CORIs and DCF Background Record Checks and ensuring employment decisions are consistent with EEC’s requirements specified in 606 CMR 14.00. The Transportation Provider must have a CORI policy that meets DCJIS’ requirements set forth in 803 CMR 3.00 and 803 CMR 6.00 and DCF’s requirements set forth at 110 CMR 4.37. The Transportation Provider’s CORI and DCF procedures are subject to audit. The Transportation Provider must furnish to the System or Early Education and Care Provider a list of all CORI and DCF approved drivers, monitors (where applicable), supervisors, reviewers, and dispatchers who provide any services associated with the provisions of the contract and update that list whenever any changes are made.
§ Upon request, provide the System, Early Education and Care Provider and/or EEC with the credentials of any Transportation Provider employee. The System, Early Education and Care Provider and/or EEC has the right to deny the approval of any driver or monitor, or to require the Transportation Provider to replace any driver or monitor in the performance of transportation services for children, for any reason.
§ Demonstrate continual compliance with EEC and System or Early Education and Care Provider standards for transportation service, trip verification, personnel qualifications and performance, field inspections and audit, reporting, record keeping, billing and complaint response.
TRANSPORTATION SERVICE STANDARDS:
The Transportation Provider shall ensure that:
§ All vehicles that are designed to transport six or more children, who are under the age of five, shall be equipped with a working electronic vehicle monitoring device, approved by EEC. An adult monitor, in addition to the driver, who is assigned to a vehicle and to a particular transit route may substitute for the need for an electronic vehicle monitoring device. A designated staff person who shall act as a reviewer, may substitute for the need for an electronic vehicle monitoring device as well.
§ Each and every driver conducts a daily pre-trip inspection of his/her vehicles to ensure safe operation. Pre-trip inspections must be documented in writing and a copy must be present with the driver during daily operation.
§ The driver of a vehicle transporting children, or another designated staff person riding on such vehicle, shall use a passenger log (daily attendance record) to record the name of each and every individual child received for transport as the child enters the vehicle, the time, and the entry shall be initialed by the parent, guardian or designated person for the individual child as the child enters the vehicle. Each and every child shall be separately listed by first and last name.
§ Whenever any child being transported is released from a vehicle to his/her Early Education and Care Provider, parent or other designated person, the passenger log shall immediately be updated to reflect which child has been released, the time the child was released from the vehicle, and initialed by the recipient of the child.
§ Upon unloading the last child/children from a vehicle, the driver and any monitor riding on the vehicle shall immediately perform a post-trip inspection by:
o Physically walking through the vehicle, and
o Inspecting all seat surfaces, under all seats, and in all compartments or recesses in the vehicle’s interior.
§ If there is no working electronic vehicle monitoring device installed on a vehicle and there is no monitor assigned, a reviewer, separate from the driver, provides additional review and additional verification that all children have been unloaded from the vehicle and that each and every child has been properly accounted for.
§ Passenger logs are verified by having the printed name of the driver and, if applicable, the designated person who reviewed the logs written or printed on the passenger log accompanied by the signatures of the driver and, if applicable, the monitor or reviewer. Passenger logs shall be signed daily and shall be maintained by the System or Early Education and Care Provider; copies of the passenger logs shall be submitted to the Early Education and Care Provider on a daily basis. Passenger logs related to transportation services shall be considered child records and, as such, shall be maintained by both the Transportation Provider and the Early Education and Care Provider for a minimum of five (5) years, in accordance with 606 CMR 7.04(4)(d).
§ The number of persons in the vehicle, including the driver and monitor(s) if any, shall not exceed the vehicle manufacturer’s approved seating capacity.
§ All drivers and staff of the Transportation Provider must comply with all the requirements of 606 CMR 7.13 (4), (5) and (6).
EMERGENCY, ACCIDENT AND SAFETY RESPONSE AND REPORTING:
§ Ensure that drivers and monitors (where applicable) are aware of the condition of each and every child while in transit and if an emergency arises, adhere to the following procedures:
o Driver or monitor must notify the Transportation Provider immediately. If an emergency facility (i.e., hospital, Police Dept., Fire Dept., etc.) is known to be staffed with emergency response personnel and is within one minute or less travel time of the driver's location, the driver must proceed immediately to that emergency facility and notify the Transportation Provider of where the driver is proceeding;
o If the driver is unsure of the distance, location or appropriate staffing of the emergency facility or circumstances prohibit such transport to an emergency facility (e.g. disabled vehicle), or the nature of the emergency (e.g. life threatening) requires immediate first aid, then the driver must immediately call 911 and then notify the Transportation Provider and give his/her exact location and request emergency assistance (EMT, ambulance, state/local police, Fire Department, etc.);
o If the emergency is the result of a motor vehicle accident involving personal injury and/or property damage, the driver must remain at the scene and request emergency assistance by calling 911 and then calling the Transportation Provider. The driver should then administer first aid and when emergency personnel arrive, explain to them in detail the incident and the care that was provided;
o Throughout the emergency, all possible efforts must be made to reassure and keep calm all children in the vehicle;
o If requested, the Transportation Provider shall dispatch a back-up vehicle to transport any children not involved in the emergency to their destinations.
o The Transportation Provider must notify the child care program(s) and the System or Early Education and Care Provider immediately by telephone of the emergency and provide the names of the children involved and the nature of the emergency.
o A formal written report must be submitted to the System or Early Education and Care Provider within 24 hours of the time of the emergency.
§ Report immediately by phone to the System or Early Education and Care Provider, each and every critical incident, which is defined as:
o In the event of a motor vehicle accident with children on board, seek medical help as specified above. A formal written report shall be submitted to the System or Early Education and Care Provider within twenty-four (24) hours; and
o For any of the following incidents involving a child, whether injury is apparent or not, ensure the driver reports to the child care program and the Transportation Provider which in turn notifies the System or Early Education and Care Provider immediately by telephone:
§ Falling while getting into or out of the vehicle;
§ Falling while in the vehicle; or
§ Any assault, including but not limited to biting incidents.
§ Comply with M.G.L. c. 119, §51A regarding mandated reporting of suspected child abuse or neglect , as follows:
o Transportation Provider employees who, in their professional capacity, have reasonable cause to believe that abuse or neglect of a child has occurred shall make an oral report to the System or Early Education and Care Provider immediately and in writing within twenty-four (24) hours after the oral report;
o The System or Early Education and Care Provider shall notify EEC within twenty-four (24) hours of receiving a report of suspected abuse or neglect of a child;
o Further, the System or Early Education and Care Provider shall immediately notify DCF.
o Cooperate with the EEC and DCF in the investigation and disposition of any complaint or claim alleging abuse by a specific Transportation Provider employee, System or Early Education and Care Provider.
§ Investigate and correct immediately any negative safety or incident reports issued by the System or Early Education and Care Provider, or EEC and contact the System or Early Education and Care Provider by telephone within one (1) business day of receipt of the report. Verify the investigation, correction and any other action taken in writing to the System or Early Education and Care Provider within three (3) days of receipt of the report.
INSURANCE REQUIREMENTS:
§ Maintain liability insurance on all vehicles used under this contract at a level that meets or exceeds the amount of compulsory motor vehicle liability insurance level required by 606 CMR 7.13(5).
MINIMUM STANDARDS FOR VEHICLES:
§ The Transportation Provider shall ensure that vehicles (both primary and backup) conform to all applicable state and federal statutes, regulations or standards, including, but not limited to the rules and regulations of EEC and the Registry of Motor Vehicles (RMV).
§ All vehicles used under the terms of this contract must:
o Be garaged and registered in the Commonwealth of Massachusetts;
o Have passed inspection by the RMV prior to being used under contract, with written verification of such inspection kept on file at the Transportation Provider’s offices;
o Be maintained in good working order (including but not limited to transmission, brakes, tires, heater, windshield, wipers, defroster, speedometer, etc.) with an established preventive maintenance program and all necessary gasoline, oil, grease, and repairs furnished through the entire period of the contract;
o Passenger compartments must be clean and free from torn upholstery or floor coverings, damaged or broken seats, and protruding sharp edges;
o Ensure that all electronic vehicle monitoring devices, if installed, are maintained and in good working order.
o Have rear and side windows that allow an unobstructed view into the interior of the vehicle from the outside.