Transportation-1

Use of “Transportation”Use of “Transportation”Use of “Transportation”Use of “Transportation”Use of “Transportation”

in in in in in IDEAIDEAIDEAIDEAIDEA-Part B-Part B-Part B-Part B-Part BRegulationsRegulationsRegulationsRegulationsRegulations

○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○

Transportation-2

RRRRReeeeelllllaaaaattttteeeeed Sd Sd Sd Sd Seeeeerrrrrvvvvviiiiiccccceeeeesssss

(§300.24)

○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○

“Related services” means transportation and suchdevelopmental, corrective, and other supportiveservices as are required to assist a child with adisability to benefit from special education.

Transportation-3

The term transportation includes:

✓ Travel to and from school and between schools;

✓ Travel in and around school buildings; and

✓ Specialized equipment (such as special oradapted buses, lifts, and ramps), if required toprovide special transportation to a child witha disability.

DeDeDeDeDefffffiiiiinnnnniiiiitttttiiiiiooooon ofn ofn ofn ofn of “““““TTTTTrrrrraaaaannnnnssssspppppooooorrrrrtttttaaaaatttttiiiiiooooonnnnn”””””

[§300.24(b)(15)]

○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○

Transportation-4

Must a public agency include transportation in achild’s IEP at a related service?

As with other related services, a public agency mustprovide transportation as a related service if it isrequired to assist the child with a disability to benefitfrom special education.

This includes transporting a preschool-aged childto the site at which the public agency provides specialeducation and related services to the child, if that site isdifferent from the site at which the child receives otherpreschool or day care services.

(Appendix A, Question 33)

Transportation-5

In determining whether to include transportation ina child’s IEP, and whether the child needs to receivetransportation as a related service, it would beappropriate to have at the IEP meeting a person withexpertise in that area.

The IEP team must consider how the child’s disabilityaffects his or her need for transportation, includingdetermining whether the child’s disability preventsthe child from:

✓ using the same transportation provided to nondisabledchildren, or

✓ getting to school in the same manner as nondisabledchildren.

(Appendix A, Question 33)

Transportation-6

The public agency must ensure that:

✓ any transportation service included in a child’s IEPas a related service is provided at public expenseand at no cost to the parents, and

✓ the child’s IEP describes the transportationarrangement.

(Appendix A, Question 33)

Transportation-7

If a child’s IEP team determines that the child doesnot require transportation as a related service,Section 504 of the Rehabilitation Act of 1973 (asamended) requires that the child receive the sametransportation provided to nondisabled children.

✓ If the public agency transports nondisabled children, itmust transport disabled children under the same termsand conditions.

✓ If the public agency transports only those children whoseIEPs specify transportation as a related service and doesnot transport nondisabled children, the public agencywould not be required to provide transportation to adisabled child.

(Appendix A, Question 33)

Transportation-8

It should be assumed that mostchildren with disabilities receive thesame transportation services asnondisabled children, unless the IEPteam determines otherwise.

For some children with disabilities, integratedtransportation may be achieved by providingneeded accommodations to address each child’sunique needs. Such accommodations can include liftsand other equipment adaptations on regular schooltransportation vehicles and must be provided at no costto parents.

(Appendix A, Question 33)

Transportation-9

As with other provisions related to qualifiedpersonnel, all personnel who provide requiredservices, including bus drivers, must be appropriatelytrained.

(Attachment 1 of the final regulations,Analysis of Comments and Changes, p. 12551)

Transportation-10

Orientation and Mobility Services[§300.24(b)(6)(i)]

One related service relevant to “transportation” maybe orientation and mobility services.

These are services provided to blind or visuallyimpaired students by qualified personnel to enable thosestudents to attain systematic orientation to and safemovement within their environments in:

✓ school,

✓ home, and

✓ community.

Transportation-11

“Orientation and mobility services” includes teachingstudents the following, as appropriate:

✓ Spatial and environmental concepts and use ofinformation received from the senses (such as sound,temperature, and vibrations) to establish, maintain, orregain orientation and line of travel (e.g., using soundat a traffic light to cross the street);

✓ To use the long cane to supplement visual travel skillsor as a tool for safely negotiating the environment forstudents with no available travel vision;

✓ To understand and use remaining vision and distancelow vision aids; and

✓ Other concepts, techniques, and tools.

[§300.24(b)(6)(ii)]

Transportation-12

Must related services personnel attend IEP meetings?

Part B does not expressly require that the IEP teaminclude related services personnel as part of the IEPteam.

However, a public agency must ensure that allindividuals who are necessary to develop an IEPthat will meet the child’s unique needs and ensure theprovision of FAPE to the child participate in the child’sIEP meeting.

(Appendix A, Question 30)

Transportation-13

Therefore, if a student has an identified need forrelated services, it would be appropriate for the relatedservices personnel to:

✓ attend the meeting, or

✓ otherwise be involved in developing the IEP.

(Appendix A, Question 30)

Transportation-14

For example:

If a child’s evaluation indicates the need for a specificrelated services (e.g., special transportation services),the agency should ensure that a qualified provider ofthat service either:

✓ attends the IEP meeting, or

✓ provides a written recommendation concerning thenature, frequency, and amount of service to beprovided to the child.

The written recommendation could be a part of theevaluation report.

(Appendix A, Question 30)

Transportation-15

SSSSSpppppeeeeeciciciciciaaaaal El El El El Eddddduuuuucccccaaaaatttttiiiiiooooonnnnn

(§300.26)

○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○

“Special education” means specially designed instruction,at no cost to the parents, to meet the unique needs of achild with a disability.

Special education includes travel training if it meets thedefinition of special education.

Transportation-16

Travel training means providing instruction, asappropriate, to children with significant cognitivedisabilities, and any other children with disabilitieswho require this instruction, to enable them to:

✓ Develop an awareness of the environment in whichthey live; and

✓ Learn the skills necessary to move effectively andsafely from place to place within that environment(for example, in school, in the home, at work, and inthe community).

[§300.26(b)(4)]

Transportation-17

Beginning no later than when the student is age 14,the IEP team must determine what instruction andeducational experiences will assist the student inpreparing for transition from secondary education topost-secondary life.

✓ Beginning no later than age 14, the student’s IEPmust include a statement of transition service needsthat focuses on his or her courses of study (such asparticipation in advanced-placement courses or avocational education program).

✓ Beginning no later than age 16, a statement of neededtransition services must be included in the IEP.

TTTTTrrrrraaaaannnnnsssssiiiiitttttiiiiiooooon Pn Pn Pn Pn Plllllaaaaannnnnnnnnniiiiinnnnnggggg

[§300.347(b)]

○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○

Transportation-18

What does transition have to do with transportation?

✓ For a student whose transition goal is a job, a transitionservice could be teaching the student how to get to thejob site on public transportation.

✓ For another student, the statement of transition serviceneeds could describe why public bus transportationtraining is important for future independence in thecommunity.

(Appendix A, Question 11)

Transportation-19

NNNNNooooonnnnnaaaaacccccaaaaadededededemmmmmiiiiic Sc Sc Sc Sc Seeeeerrrrrvvvvviiiiiccccceeeeesssss

(§300.306)

○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○

Each public agency must take steps to providenonacademic and extracurricular services and activitiesin the manner necessary to afford children with disabilitiesan equal opportunity for participation in those services andactivities.

Nonacademic and extracurricular services and activitiesmay include, among other things, athletics, recreationalactivities, clubs sponsored by the public agency, andtransportation.

STOP

SCHOOL

Transportation-20

TTTTTrrrrraaaaannnnnssssspppppooooorrrrrtttttaaaaatttttiiiiiooooon an an an an annnnnd Pd Pd Pd Pd Prrrrriiiiivvvvvaaaaattttte Sce Sce Sce Sce Schhhhhooooooooool Cl Cl Cl Cl Chhhhhiiiiillllldddddrrrrreeeeennnnnwwwwwiiiiittttth Dih Dih Dih Dih Disssssaaaaabbbbbiiiiillllliiiiitttttiiiiieeeeesssss

(§300.456)

○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○

Services provided to private school children withdisabilities may be provided on-site at the child’sprivate school (including a religious school), to theextent consistent with law.

If services are offered at a site separate from the child’sprivate school, transportation may be necessary in order toget the child from one site to the other, or the child may beeffectively denied an opportunity to benefit.

In this sense, transportation is not a related service but ameans of making the services that are offered accessible.

Transportation-21

If necessary for the child to benefit from or participate inthe services, a private school child with a disability must beprovided with transportation...

✓ from the child’s school or home to a site other than theprivate school; and

✓ from the service site to the private school, or to the child’shome, depending on the timing of the services.

Note: LEAs are not required to provide transportationfrom the child’s home to the private school. [§300.456(b)]

Transportation-22

LEAs should work in consultation with representatives ofprivate school children to ensure that services are providedat sites that will not require significant transportation costs.(Attachment 1 of the final regulations, Analysis of Commentsand Changes, p. 12604)

The cost of providing this transportation may be includedin calculating whether the LEA has met the requirement of§300.453—which details how much each LEA mustspend on providing special education and related servicesto private school children with disabilities. [§300.456(b)(2)]

Transportation-23

DiDiDiDiDiscisciscisciscipppppllllliiiiinnnnne-Re-Re-Re-Re-Reeeeelllllaaaaattttteeeeed Id Id Id Id Issssssssssuuuuueeeeesssss

(§300.520)

○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○

Under certain specific circumstances, school personnel havethe authority to remove a child with a disability from his orher current placement for a number of days (as specified inIDEA and its implementing regulations) for violation ofschool rules.

✓ Example: For any violation of school rules and to the same extentthat removal would be applied to children without disabilities,school personnel may remove a child with a disability from his orher current placement for not more than 10 consecutive schooldays.

Transportation-24

✓ Example: For any violation of school rules and to the sameextent that removal would be applied to children withoutdisabilities, school personnel also have the authority to orderadditional removals of not more than 10 consecutive schooldays in the same school year for separate incidents ofmisconduct [as long as those removals do not constitute achange of placement under §300.519(b)].

✓ Example: For possessing a weapon at school or a schoolfunction, school personnel may change the child’s placementto an interim alternative educational setting for the same amountof time that a child without a disability would be subject todiscipline, but for not more than 45 days.

Transportation-25

Question: In counting how many days a child has beenremoved, do “days of suspension” include days of in-schoolsuspension, bus suspensions, or portions of a school day?

Answer: Whether a bus suspension would count as aday of suspension would depend on whether the bustransportation is a part of the child’s IEP.

✓ If bus transportation is a part of the child’s IEP, a bussuspension would be treated as a suspension under§300.520 unless the public agency provides the bus servicein some other way, because that transportation is necessaryfor the child to obtain access to the location where all otherservices will be delivered.

(Attachment 1 of the final regulations,Analysis of Comments and Changes, p. 12619)

Transportation-26

✓ If bus transportation is not a part of the child’s IEP, a bussuspension would not be suspension under §300.520.The child and his or her parents would have the sameobligations to get to and from school as a nondisabledstudent who has been suspended from the bus.

However, public agencies should attend to whether thebehavior on the bus is similar to behavior in a classroomthat is addressed in an IEP and whether bus behaviorshould be addressed in the IEP or behavioral interventionplan for the child.

(Attachment 1 of the final regulations,Analysis of Comments and Changes, p. 12619)