Board of Early Education & Care: Discussion and Vote June 12, 2012

1. A Review of Transportation Board of Early Education & Care: Discussion and Vote June 12, 2012 Background Document

2. EEC’s Authority to Regulate Transportation • There are two sources of authority for EEC to regulate transportation: • Department of Early Education and Care Regulations • 606 CMR 7.13 (since 2005) • Policy Statement: • Procedures for the Drop-Off and Pick-up of Children by Transportation Providers and Parent/Program Notification (December 12, 2011) • Provides additional obligations for the Transportation Providers to follow beyond the Regulations.

7. Policy Statement for Income Eligible Child Care Subsidy – Transportation (P-IE-21 Rev. 10/19/2004) • Subject to funding availability, programs will be reimbursed at the EEC-approved rate for one way or round trip transportation, based on an individual assessment of the family’s need for transportation. • Factors for contracted provider or CCR&R to consider: • Availability of public transportation; • Whether parent has a car; • Any physical incapacity of the parent; • Whether parent’s work schedule prevents transportation of child; and • Distance between child’s home and child care program (1/2 mile of provider). • Exceptions to 1/2 Mile Rule: • Parent has no car; • No public transportation; and • Parent’s work schedule would not allow time for parent to walk child to child care; • Child’s disability prevents him/her from walking or being transported by stroller, carriage, or other similar means; or • Parent’s disability prevents him/her from walking child to care.

8. Transportation Safety Training

9. Transportation Safety Training (cont…) • EEC is taking the following next steps: • Vehicle Drivers: • Develop a safety module to the training that specifically reviews the safety requirements for the vehicle drivers to follow (i.e., completing the passenger logs) and emergency procedures; • Require all vehicle drivers to take the safety training one time per year; and • Require all vehicle drivers to register in the PQ Registry. • Parents and Other Staff: • Individualize the training to highlight the most important ways a parent, an educator, or program can keep the children safe; • Define the required orientation to the field for new staff in 606 CMR 7.09(9) as including the training; and • Incentivize current staff to take the training by awarding 1 professional development hour towards their annual required training.

10. Window Tinting for 7D Vehicles • The Registry of Motor Vehicles requires school pupil transport vehicles under M.G.L. c. 90, § 7D (“7D vehicles”) to undergo two safety inspections by licensed Safety Inspection Stations each year: one to be performed during the month of October or November and the other during the month of February or March. • As part of the safety inspection, the Inspector checks to see that the 7D vehicle’s window tinting complies with 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.  The windshield may only be tinted down to the AS-1 line usually located in the uppermost six inches of the windshield …”

11. Financial Impact – EEC Policy Revisions • The following responsibilities already in place will continue independently of a rate increase: • Management Responsibility • Parent Notification • Passenger Logs • Secondary Vehicle Inspection • The rate of $12.25 per round trip will support the following recommendations: • Adult Monitor • Secondary Vehicle Inspection (Completed by Monitor) • Contractors must dedicate 1 hour each day towards administrative oversight (i.e., review policies and procedures) for every 5 children being transported. • Vehicle monitoring devices will not be required.

12. Financial Impact - Transportation Rate Increase The following chart provides a comparison of the transportation costs currently incurred compared to the proposed rate of $12.25 per round trip and the average cost per child per day for FY12. The following assumptions have been incorporated for analysis purposes. 1. There are 261 business days in the year. 2. 80% of the children receiving services subsidized by Supportive (DCF) use transportation. 3. A incremental increase for Supportive (DCF) of $3.25 is provided to children receiving transportation services only. 4. Number of children is FY12 average of children billed for transportation July 2012 thru March 2012. 5. Average transportation cost per child is based on actual dollars billed and actual number of children transported July 2012 thru March 2012. 6. Proposed average cost per child estimate is proportional to actual average transportation cost at approximately 77.4% of $9.00.

13. Recommendations • Commissioner will implement the recommended “no-cost” transportation policy changes (i.e., Management Responsibility, Parent Notification, Passenger Logs, and Secondary Vehicle Inspection). • Increase the transportation provider rates to the following: • From $9.00 to $12.25 per child for round trips; and • From $6.00 to $8.25 per child for one-way trips. • The transportation rate increase would cover two things: (1) as a requirement for the transportation rate increases, contractors must dedicate 1 hour each day towards administrative oversight (i.e., review policies and procedures) for every 5 children being transported and (2) the Commissioner will implement the Adult Monitors recommendation. • Commissioner will modify the EEC contracts to require the vehicle drivers to: (1) attend the transportation safety training one time per year and (2) enroll in the PQ Registry.

14. A Review of Transportation - Appendix • Regulations that Address Vehicle Window Tinting • Policy Statement for Income Eligible Child Care Subsidy – Transportation • Transportation Working Group Background Information and Recommendations • Transportation Training • Transportation Costs

15. A Review of Transportation - Appendix Regulations that Address Vehicle Window Tinting

16. Window Tinting for 7D Vehicles • 540 CMR 21.00 is adopted by the Registrar of Motor Vehicles pursuant to M.G.L. c. 90, §§ 7A and 31, to establish rules and regulations for the semiannual safety inspection of school pupil transportation vehicles under M.G.L. c. 90, § 7D, (“7D vehicle”) to be performed by licensed Safety Inspection Stations. • 540 CMR 21.03: Vehicle Inspection Procedures: • The Inspector shall reject, and issue a Certificate of Rejection for, any vehicle that fails to satisfy any one of the following requirements: • Floor: the vehicle floor shall be free of any holes or tears that may allow toxic exhaust fumes to enter the passenger compartment. • Brakes: • (a) Parking Brake: shall be tested by accelerating the motor to approximately 1200 to 1300 RPM's with the vehicle in the lowest forward gear against the brake in the applied position, and shall be found to hold the vehicle. • (b) Service Brake: shall be tested at a speed between four and eight m.p.h. and shall be found to be reasonably equalized so that the vehicle does not pull noticeably to either side when applied; and, with the first application of the service brake pedal, to not travel more than 50% of the total distance the brake pedal can travel. In all questionable cases, service brakes shall be adequate to stop the vehicle while traveling at a speed of 20 m.p.h. in not more than the distance of 30 feet. Any vacuum assisted system for service brakes shall be in good working order. • Seatbelts: the vehicle shall be equipped with a seat belt for each permanent seating accommodation, in good working order, and in compliance with the United States Department of Transportation's Safety Standard. • Window Tinting: any window tinting shall comply with 540 CMR 4.04.

17. Window Tinting for 7D Vehicles (cont…) • 540 CMR 21.04: Inspection Dates: • School pupil transport vehicles shall undergo two inspections each year; one to be performed during the month of October or November, and the other during the month of February or March. • 540 CMR 4.04(8)(g): Window Tinting: • 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.  The windshield may only be tinted down to the AS-1 line usually located in the uppermost six inches of the windshield. 540 CMR 4.04(8)(g) shall not apply to the following: • 1. All window tinting as provided by the original manufacturer that is in compliance with applicable Federal Motor Vehicle Safety Standards. • 2. Authorized vehicles used to transport K-9 teams. • 3. Vehicles registered out of state. • 4. Vehicles for which a medical exemption has been issued by the Registry of Motor Vehicles. • 5. All windows to the rear of the operator's seat on vehicles used for public livery, except taxicabs. • 6. Any vehicle registered to the federal, state or local law enforcement agencies. • 7. Vehicles registered to watch guard or patrol agencies licensed under the provisions of section 20 of Chapter 147 or section 63 of Chapter 122.

18. A Review of Transportation - Appendix Policy Statement for Income Eligible Child Care Subsidy – Transportation

19. Policy Statement for Income Eligible Child Care Subsidy – Transportation • Each program that provides or coordinates transportation must develop written transportation policies and designate a specific staff person responsible for transportation services. • Providers must discuss with parents their transportation policies, and inform parents of the identity of the transportation coordinator. • Policies must include, at a minimum, the following: • Procedures to be followed when children or parents are not ready for pick-up or available at time of drop-off; • Maximum amount of time drivers will wait for unprepared families or the return of an absent adult at drop-off; • Amount of time professional staff will assume responsibility for trying to locate an absent parent or other emergency contacts prior to taking additional steps such as filing 51A; • Process for addressing misbehavior or children during transport; • Documentation and reporting of accidents; and • Possible consequences for family’s misuse of transportation.

20. A Review of Transportation - Appendix Transportation Working Group Background Information and Recommendations

21. Background Information on Transportation Working Group (TWG) • TWG is composed of a cross section of different stakeholders: • Small, independent, and large transportation providers; • Representative from the Registry of Motor Vehicles; • Representatives from Head Start; • Representatives from Child Care Centers; • Representatives from YMCA; and • Representatives from EEC. • TWG was charged with reviewing the EEC’s recent changes to transportation regulations (December 12, 2011), discuss its impact on the field, and proffer recommendations to the Board of Education.

22. TWG’s Participants: • Edward Madaus, Guild of St. Agnes • George Richardson, Alliance Services of Metro Boston • Margaret Rohanna, RMV • Mal Hughes, Massachusetts Head Start Association • Ardith Wieworka, Child Development and Education, Inc. • Bill Restuccia, Child Development and Education, Inc. and Transpro, LLC • Liz Acosta, Transpro, LLC • Bill Power, AMBTA • Debbie Amaral, YMCA • Evelyn Tobin, Massachusetts Alliance of YMCA • George Flynn, NRT Bus, Inc. • JoAnn Howell, Community Teamwork, Inc. • Karen M. Pac, YMCA Southcoast • Pamela Henry, AMBTA • Gail Perry, EEC • Carmel Sullivan, EEC • John Swanson, EEC

23. TWG’s Meetings:

24. Management Responsibility:

25. Parent Notification Requirement:

26. Parent Notification Requirement (cont…):

27. Adult Monitors: • 3/13/12 - Board discussed whether there should be particular child ages that require vehicles to have an adult monitor or an electronic monitoring device on board. • 5/7/12 - Subcommittee commented that not all preschoolers have the ability to get out of their seat belts.

28. Vehicle Monitoring Devices: 5/7/12 – Subcommittee asked whether it is better to place money towards a monitor as a “second set of eyes” rather than spending money on a monitoring device.

29. Passenger Logs: 5/7/12 – Subcommittee member asked what is the type of oversight for managers to ensure that the logs are completed by drivers? How does EEC confirm this is happening?

30. Secondary Vehicle Inspection: 3/13/12 - Board requested clarification on TWG’s recommendation of changing the language to “when safety allows.” Suggested changing it to “as soon as possible.”

31. Transportation Performance Standards: 5/7/12 – Subcommittee disagreed with the TWG’s recommendations: (1) abuse and neglect is not part of the CORI reports and (2) what happens if the driver gets injured - how would monitor treat children? Subcommittee recommended that both driver and monitor receive training in CPR/first aide.

32. Transportation Performance Standards (cont…): • 3/13/12 - Board discussed the training available for drivers to address emergencies and accidents. • 5/7/12 – Subcommittee wanted the language to be simplified in TWG’s recommendation.

33. Transportation Provider Rates: 3/13/12 - Board stated that the TWG needs to provide a breakdown as to how it justified the recommendation for the $20 per child per round trip.

34. Transportation Provider Cost Analysis: • TWG developed a survey and distributed it to the Transportation Providers across the state. • 35 companies provided responses to the survey - represents approximately 5,000 children being serviced.

35. Questions Posed to the Field: • “What type of transportation vehicles do you own/lease?” • “How many transportation vehicles do you operate each day? Add any substitute vehicles if they are registered and ready to operate.” • “What is the average rate of pay for you school Bus drivers per hour?” • “If applicable, what is the average rate of pay for monitors per hour?” • “What is your average insurance cost per vehicle?” • “What is the average age of your Fleet?” • “In light of the fleet vehicles being operated for both more years and miles due to overall poor economics in the preschool transportation business, what is your maintenance cost, etc.?” • “How much does it cost today to transport one child each day to and from the Pre-School Centers or Family Home Care Programs in your organization? Using the Simple Method, add all annual business costs devoted to this market area, divide by 260 revenue days per year and divide this number by the average number of children you transport each day. This will result in your cost per day per child.”

36. Findings of the Transportation Provider Cost Analysis: • Survey indicated that the vehicles utilized by the 35 companies ranged from school buses to mini vans; however, majority of vehicles used were converted 10-12 passenger vans. • Average cost to Transportation Providers is $12.25 per child per day for round trip; $8.25 per child per day for single trip. • Average pay rate for Drivers is $13 per hour with no benefits. • Average pay rate for Monitors is $9 per hour with no benefits.

37. Impact of Rate Increase to Levels of Quality in Transportation: • Current reimbursement rate is $9.00 per child; $6.00 per child for one way. • The first two cost estimates provided by TWG are being presented by fiscal for comparative purposes. • Current costs for Transportation Providers is $12.25 per child; $8.25 per child for one way. • If an additional Monitor is required, costs would escalate to $16.51 per child. • The following cost estimates were not considered in Fiscal’s analysis because training will be handled separately and the other items are out of scope: • For Driver, Monitor, Training, and Drug/Alcohol Testing two times per year, the costs would escalate to $16.81 per child. • For salary improvements to recruit/stabilize professional work force, the costs would escalate to $17.40 per child. • Reserve for new vehicle purchase and RMV mandated upgrades, the costs would escalate to $18.75 per child. • For Transportation Providers to profit, the costs would escalate to $20.00 per child.

38. A Review of Transportation - Appendix Transportation Training

39. Look Before You LockTransportation Safety in Early Childhood Education EEC developed a training to: • Increase awareness in all adults, including parents; • Relate real-life accounts about children left in vehicles; • Explain hyperthermia and other risks; • Provide information on EEC regulations, policies and transportation best practices; • Share links to additional resources.

40. Look Before You LockTransportation Safety in Early Childhood Education The Training Consists of: • A narrated PowerPoint that will be posted on EEC’s website; • A self-assessment for participants on the training’s content; • A certificate of completion; • A handout for broader distribution.

41. Look Before You LockTransportation Safety in Early Childhood Education Next steps: • Revise licensing policy so this training is part of the required orientation for new staff; • Encourage drivers to join the Professional Qualifications (PQ) Registry; • Incentivize staff to take the training by awarding 1 EEC professional development hour towards their annual in-service training requirement; • Translate the training into multiple languages. 5/7/12 – Subcommittee recommended that there be 2 modules: an overall training and a driver-specific training.

42. A Review of Transportation - Appendix Transportation Costs

43. EEC Data and Assumptions • EEC reimburses IE and DTA providers at a rate of $9/Round Trip/day. • EEC reimburses IE and DTA providers at a rate of $6/one way/day. • EEC pays Supportive (DCF), Teen Parent, and Homeless providers an add-on rate of $17.22/day. This reimbursement rate includes the cost of transportation. • The cost assumptions assume that if the transportation rate is increased, the Supportive (DCF) add-on rate will increase only for children who are provided transportation. • Number of DCF Children PER MONTH on Average Receiving Transportation uses a factor of 80% of all children served in a month. • Data used is from 7/2010 through 03/2012.

44. EEC Data and Assumptions • Number of IE, DTA, and Supportive (DCF 80%) Children PER MONTH on Average Receiving Transportation. IE and DTA • FY11 14,186 per month • FY12 13,584 per month Supportive(DCF) • 4,667 (5,834 per month x 80%) • The transportation cost for FY11 was approximately $29M dollars for IE & DTA. • The Transportation Study Group calculated the current cost to providers as $12.25 per day per child. For comparison purposes, at a cost or $12.25 per day per child the total annual cost would be $39.5M.

45. EEC Data and Assumptions • To date, the FY2012 transportation cost for IE & DTA is approximately $20.9M; the annualized cost will be approximately $27.9M. • The annualized cost at $12.25 per day would be approximately $37.9M. • Supportive (DCF) cost for approximately 4667 children per month annualized cost is $11M. • The rate increase per day round trip from $9 to $12.25 will add approximately $10M dollars in cost for IE & DTA and additional $4M for Supportive(DCF)

46. EEC Data and Assumptions • Cost Assumptions are based on TWG Cost Analysis • Each vehicle transports 7 children, 1 monitor, and 1 driver. • Each vehicle makes 3 round trips per day. • Twelve hours a day is required to accommodate transportation of children, therefore two drivers per day are needed per vehicle. • On average to date in FY12 18,251 children have been transported. EEC estimates to transport the children at full capacity per van, 869 vans and 1,738 drivers would be needed. • Retention stipend and training cost • EEC proposes a retention stipend of $250 per driver for one year of continued employment. Cost estimate based on assumptions would be $434,500. • Training expense is not included in daily rate. It is estimated that training cost per person on average would be $50 per session. Training for 1,738 drivers would cost $86.9K.

47. How Much More Will It Cost to Provide Transportation? This chart provides a summary of transportation costs from each source.

48. Percentage Increase from Current to Proposed Rates