Transportation Guidelines

Table of Contents

Introduction

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The special education transportation guidelines have been developed to assist Individualized Education Program (IEP) teams with considerations when determining eligibility for special education transportation as a related service.

Transportation is required to be provided as a related service if it is required to assist a child with a disability to benefit from special education. The service must be provided to meet the criteria for a free, appropriate public education (FAPE) as defined in federal regulation 34 CFR Section 300.17.

"Every individual with exceptional needs who is eligible to receive special education instruction and related services under this part shall receive that instruction and those services at no cost to his or her parents or, as appropriate." EDC 56040(a)

Transportation decisions generally require collaboration and consensus among parents, the student (as appropriate), educators and transportation personnel. Most transportation issues are identified and resolved through the individualized education program (IEP) process.

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Related Services

Transportation and other developmental, corrective, and supportive services required to assist a student with a disability to benefit from special education are defined as related services.

School-to-School Special Education Transportation 

The transport of students with disabilities from their school of residence, or a pick-up location within the vicinity of the school of residence, to their school of attendance.

Home-to-School Special Education Transportation

The transport of students between their home and the regular full-time day school they attend, as provided by the LEA/District or county superintendent of LEA/District.

Curb-to-Curb

Student is picked up and dropped off at a predetermined street location.

School of Attendance

The day school that a student attends.

Door-to-Door

The LEA/District will provide transportation to and from the street location closest to the student’s doorstep.

School of Residence

The school, the student, would attend near their home address or childcare address if a childcare permit were in effect.

Assistant

Any adult who assists in the transportation of students, it may be a paraeducator, bus aide, or one on one aide for medical or behavioral purposes.

Nonresident School

Any school that is not the student’s school of residence.

SECTION I:

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The IEP should carefully and thoroughly spell out the transportation that may be required for a student as a related service in the IEP.

The following are general guidelines to help IEP teams examine the need for transportation as a related service, with the understanding that special circumstances or exceptions may be discussed and consensus may be reached by the IEP team:

  • Consider a student whose disability includes personal factors such as the health, social judgment, behavioral needs or lack of ability to communicate such that the safety of the student is a primary consideration, specialized transportation or some other mode of transportation (specialized bus, van, taxi, ride service, etc.) may be considered appropriate to address the student’s needs.
  •  Consider transportation when the student is being placed at a facility other than the school of residence or LEA of enrollment as a result of their disability.
  •  Specialized transportation for students with disabilities may be needed if the psycho-educational assessment information indicates that the identified disabilities preclude the student when compared to same-age peers that are all meeting to be bused, and the student is unable to meet the bus due to the student’s disability.

TAKE NOTE: An administrative law judge ruled a Washington district’s procedural errors affected the parent’s opportunity to participate in the IEP process because it unilaterally decided the student did not qualify for transportation without involving the parent in the discussion.

SECTION II:

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IEP Conversations About Transportation

In determining the need for transportation, responses to the following questions shall be documented on the IEP:

  1. Does the student require transportation to benefit from special education?
    • If so, what kind of transportation is required to meet the student’s assessed needs? 
    • Transportation options the team may consider:
      • School Bus with General Education Peers
      • Specialized School Bus
      • Taxi or a Ride Service
      • School Van or Car
      • Parent provides transportation w/ reimbursement
    • Dependent on parent ability and willingness to provide

 

TAKE NOTE: IEP teams should review assessment information and consult with any relevant health professionals, including LEA/District medical personnel after the student has been determined eligible for transportation. The IEP team should identify, discuss and note any concerns regarding the transportation requirements of the student to avoid misunderstandings that may generate disputes. 

The student’s specific needs must be the primary consideration when an IEP team determines any transportation needs.

GUIDING QUESTIONS FOR IEP TEAMS

  • Can the student utilize the same transportation as siblings and age-appropriate peers?
  • Does the student have an orthopedic impairment or physical disability that significantly impacts mobility – uses a wheelchair, walker, etc.?
    • Medical diagnosis and health needs when considering long bus rides could affect a particular pupil’s health (duration, temperature control, need for services, health emergencies); general ability and/or strength to ambulate/wheel; approximate distance from the school or the distance needed to walk or wheel oneself to the school; consideration of student needs in inclement or excessivly hot weather.
    • Physical accessibility of curbs, sidewalks, streets, and public transportation systems.
    • Needed modification of school bus equipment
    • Does the student require a modification, and/or is adaptive equipment needed? 
  • Does the student have a substantial risk to their safety or well-being due to significant delays in social-emotional/ behavioral or cognitive development such that they cannot get to school in the same manner as their non-disabled peers?
    • Consideration of a student’s capacity to arrive at school on time, avoid getting lost, avoid dangerous traffic situations, and avoid other potentially dangerous or exploitative situations on the way to and from school.
    • Behavioral Intervention Plans [Title 5, CCR 3001(g)] specified by the student’s IEP and consideration of how to implement such plans while a student is being transported.
  • Does the student have a sensory impairment (blind, deaf) that profoundly impacts their ability to understand, respond to, and/or communicate regarding concerns that may arise?
  • Is the placement the IEP team has determined appropriate for this student different from the school in which the student resides?
  • Have Extended School Year services, including transportation, pursuant to EDC Section 56345(b)(3), been considered, and is this service necessary to provide FAPE as specified in a student’s IEP?
  • Will personnel be needed to assist the student, as applicable, and to what extent?
  • What would the appropriate service level, such as picking up at a bus stop or door-to-door transportation, etc meet the student’s needs?
  • What student communication needs should be considered for the effective communication of evacuation procedures and other safety issues such that accommodations or modifications applied to specialized transportation?

 

TAKE NOTE: The Department of Education considers the least restrictive environment mandate applies to transportation, but it is not expressly stated in the IDEA.  "It is assumed that most children with disabilities will receive the same transportation provided to nondisabled children, consistent with the LRE requirements in 34 CFR 300.114 through 34 CFR 300.120 unless the IEP Team determines otherwise." 

30 DAY INTERIM IEP PROCESS

When a student enrolls in a school with transportation services in the current IEP, the enrolling school must provide a comparable service while the 30-day IEP is being developed. A comparable service could be transportation by school bus, van, taxi, ride-share service, or parent transportation with reimbursement. At the 30-day interim IEP, the IEP team may use the above transportation guiding questions to help determine the need for transportation as a related service.

If the IEP team agrees that transportation is necessary for the student to receive benefit from special education, then transportation services continue. The IEP team will determine the mode of transportation and details as described above (bus, parent, taxi, etc.).

TAKE NOTE:

  •  If the IEP team determines that transportation is no longer necessary, a Prior Written Notice (PWN) should be sent to the parent stating that the service is removed and the rationale. 
  • If parents disagree with the LEA/ District, an IEP meeting should be scheduled immediately to address the parents’ concerns. 
  • Transportation should continue to be provided to the student until the parent has signed the IEP without transportation services documented. At this point, a PWN should be sent to the parent stating the service is removed and the rationale behind the decision.

Flowchart for New Student Enrollees

SECTION III:

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TRANSPORTATION OPTIONS FOR ELIGIBLE STUDENTS

Specialized transportation, as a related service, must be written on the pupil’s IEP with specificity and should be approved by the school’s administrator. It is recommended that services be described in sufficient detail to inform the parties of how, when, and from where/to where transportation will be provided. 

Considering the identified needs of the student, transportation options may include, but not be limited to:  

  • No transportation Student arrives/leaves school in the same manner as non-disabled students when there is no district-provided transportation. Student may walk or ride a bike to school.

 

  • Regular school bus transportation Student use the same regular school bus as non-disabled students when there is district-provided transportation.  

 

  • Regular school bus transportation with modifications Student uses the same regular school bus as non-disabled students with an arranged corner stop near student’s home or at the end of the road leading to the student’s home.  

 

  • Public transportation Student use public transportation with a reimbursement of the cost given to the parents.  The IEP team may wish to consider a blend of transportation services as the student’s needs evolve and as the student’s abilities progress. When discussing transportation options for a student, one consideration could be public transportation to assist in independence. This may require additional public transportation goals and services provided to teach the student skills necessary for ongoing use.

 

  • School-to-School Student may walk to the neighborhood school and then be transported to the school where the student’s special education services are being provided. (This option can be used only if the school sites are on different schedules as disabled students are to have the same “school day” as their non-disabled peers unless the disability requires a shorter day.) 

 

Special Education transportation may be provided by a regular school bus, special education transportation bus, or another district-approved transportation provider.   

 

  • Door-to-door Student is provided special education transportation between the student’s home, and the location of his/her special education services.  Special Education transportation may be provided by a regular school bus, special education transportation bus, or another district-approved transportation provider. 


  • Parent voluntarily transporting his/her child  If a parent chooses not to utilize bus transportation offered by the district, the parent will not be entitled to reimbursement.  If the parent is transporting and being reimbursed, the parent will be paid the rate of reimbursement determined by each LEA. 

 

TAKE NOTE: When arrangements for the reimbursement to parents are required, the amount and frequency of reimbursement should be documented in the IEP. It could be defined, for example, through a monthly calendar submitted to the appropriate person for IRS Mileage Rate.  A sample contract for in lieu transportation is included in Appendix 2.

 

  • Utilizing a Taxi or Ride-Share Service  If a school has determined to use a taxi service or a rideshare service to transport students with disabilities there are some considerations that should be discussed by the LEA/District. The LEA/District should ensure that students are transported by an individual who has a valid California driver’s license, minimum liability insurance, and has completed a Memorandum of Understanding (MOU) with the LEA/District. 
  • Uber and Lyft are the most recognized names in the rideshare industry, however, they are not permitted to transport students. 
    • There are other companies, such as HopSkipDrive, that are attempting to enter by providing rides that are specifically tailored to transporting children. The majority of drivers have a minimum of five years of childcare experience. 
      • LEAs/Districts may want to explore such rideshare services in their area. It is important when considering these options for transportation to ensure that the student does not miss any instructional time due to waiting on pick up or drop off by taxi or rideshare service.

 

CERTIFIED SERVICE ANIMALS

A certified service animal may be transported when it is needed to facilitate the functional level of a student with disabilities. The LEA/District should develop a policy to address this issue and address all considerations, procedures, and details with the IEP team. Please see Appendix 1 for a sample policy.

 

SECTION IV:

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STUDENTS IN FOSTER CARE

Students in foster care may be at risk of not receiving their high school diploma or continuing their post-secondary education, based on national research. Many students in foster care do not have permanent residency which can make it difficult for those students to complete their education. The Every Student Succeeds Act of 2015 (ESSA) requires that school divisions and child welfare agencies collaborate to develop and implement clear written procedures governing how transportation will be provided, arranged, and funded to maintain children in foster care in their school of origin during the time students are in foster care when it is in their best interest. The clear written procedures must ensure students in foster care who need transportation to the school of origin promptly receive it in a cost-effective manner.

Under the Every Student Succeeds Act (ESSA), transportation procedures for students in foster care must:

  • Ensure that students in foster care needing transportation to the school of origin will promptly receive transportation in a cost-effective manner and follow the child welfare agency’s authority to use child welfare funding for the school of origin transportation;
  • Ensure that, if there are additional costs incurred in providing transportation to maintain students in foster care in their schools of origin, the division will provide transportation to the school of origin if:
    • The local child welfare agency agrees to reimburse the LEA for the cost of such transportation;
    • The division agrees to pay for the cost of such transportation, or
    • The division and the local child welfare agency agree to share the cost of such transportation.

In California, foster youth have the right to continue to attend their school of origin through the end of the school year for youth in grades one through eight and have the right to complete high school for students already in high school when their case closes EDC Section 48853.

TAKE NOTE:  ESSA transportation requirements apply even if an LEA does not otherwise provide transportation to students who are not in foster care; also note that the ESSA educational stability provisions apply to preschool-age children in foster care, in addition to older students. If an LEA offers a public preschool education, the requirements must be met for preschool-age foster youth as well. (ESEA) Section 1111(g)(1)€. 

 STUDENTS EXPERIENCING HOMELESSNESS

Students that are experiencing homelessness may have barriers to their educational experience due to the mobility linked to homelessness. Students may lose educational continuity and possibly academic credits, as well as their school social network, including friends and teachers that know the student’s strengths and weaknesses the most. The McKinney-Vento Act 2015 attempts to help alleviate some of the issues that students experiencing homelessness face. Here are some of the key provisions regarding transportation and the McKinney-Vento Act:

  • Local liaisons must ensure that the parent or guardian of a homeless child or youth, and any unaccompanied youth, is fully informed of all transportation services, including transportation to and from the school of origin, and is assisted in accessing transportation to the school selected in accordance with the best interest determination 42 U.S.C. § 11432(g)(6)(A)(viii).
  • Local educational agencies (LEAs) must provide homeless students with transportation to and from the school of origin at the request of a parent or guardian (or in the case of an unaccompanied youth, the local liaison) 42 U.S.C. § 11432(g)(1) ( J)(iii).
  • If the child’s or youth’s living arrangements in the area served by the LEA of origin terminate and the child or youth, though continuing the child’s or youth’s education in the school of origin, begins living in an area served by another LEA, the LEA of origin and the LEA in which the homeless child or youth is living shall agree upon a method to apportion the responsibility and costs for providing the child or youth with transportation to and from the school of origin. If the LEAs are unable to agree upon such a method, the responsibility and costs for transportation shall be shared equally 42 U.S.C. § 11432(g)(1)( J)(iii) (II).
  • In addition to providing transportation to the school of origin, LEAs must provide students in homeless situations with transportation services comparable to those provided to other students in the school 42 U.S.C. § 11432(g)(4)(A).
  • LEAs should work in collaboration with parents in developing plans to transport students to and from the school of origin when determined appropriate. It is important that the mode of transportation does not identify the student’s situation or living arrangement. 
    • For example, if the student is currently residing at a homeless shelter, there should be consideration of where the picking up and dropping off of the student occurs. Transportation arrangements should also be made to ensure that students experiencing homelessness can participate in the entire school day.

 

EDUCATIONALLY PLACED IN A RESIDENTIAL TREATMENT CENTER (RTC)

Given the unique "around-the-clock" nature of residential placements, transportation expenses may encompass parental and family visitations to the residential facility, in addition to sending the student on trips home. The California Education Code nor the federal regulations provide guidance to LEAs regarding the appropriate mode or frequency of student transportation to and from an educationally related residential placement. Rather, the responsibility for these decisions are left to the IEP team.

Please refer to  EDCOE SELPA NPS/RTC Guidelines.

SECTION V:

 
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EQUIPMENT AND WHEELCHAIRS

When the IEP requires the use of special equipment, the student may need the equipment during transport. IDEA identifies transportation as a related service necessary for students with disabilities to access their education, and as a result, transportation must accommodate the need to transport or use any required special equipment. According to 13 CCR § 1293, responsibility for the condition and repairs of the wheelchair, its wheel locks, and seat belt rests upon the owner of the wheelchair. The IEP may require an ambulatory student to be restrained by a lap belt or safety vest. Contract companies shall provide all equipment (except a wheelchair) required for the transportation of students with disabilities on their vehicles. A student’s IEP defines the steps the LEA/District must take to meet a student’s educational needs.

TAKE NOTE: Updates or changes in special or medical equipment, or change in transportation as a related service, must be changed on the IEP. Sufficient notice must be given to LEA/Districts to avoid disruption of service. Changes include new, modified, and replacement equipment.

LEA/District policies are designed to further enhance students’ safety. Before the start of any transportation program for a student confined in a wheelchair and before the use of a newly acquired wheelchair of any type, the owner may permit the school personnel to inspect the wheelchair. Any wheelchair transported on a bus in LEA/District service will need to meet the transportation policy requirements. 

The following are some sample wheelchair transportation requirements:

  • Restraining Belts  Webbing material with buckles that will not release unless done so manually.
  • Disconnecting the Power For electric wheelchairs, the driver must be able to disconnect the power to the chair and roll the wheelchair freely to load and unload. The power shall remain disconnected during loading, unloading, and transportation.
  • Securement All equipment, motors, and other devices must be secured to the wheelchair or bus by approved means to prevent accidental separation during loading, unloading, and transportation.
  • Equipment Secured on the Wheelchair Oxygen tanks, respirators, or other special equipment for use by the student must be attached securely to the chair.
  • Respirators and Suction Machines If attached to the wheelchair, they must operate independently of the source that powers the wheelchair.
  • Lap Trays  If detachable, the lap tray shall be removed from the wheelchair and secured appropriately. If not detachable, the parent shall provide a pillow or padding to place between the student and the edge of the tray.

  • Non-Conforming Wheelchairs  If the wheelchair (or other equipment) does not conform to the safety requirements required to transport, the student cannot be transported on the bus in that wheelchair. If an empty chair poses no safety problems for the other students and the student can board the bus without the chair and ride safely on a bus seat, the chair may be transported empty, with the student on a bus seat.

Before initiating a student’s transportation program, a designated staff member should inspect each wheelchair or other equipment required by the IEP for use or availability during transportation.  If personnel discover a defect in the wheelchair or other special equipment before the start of a transportation-related service, the LEA/District should provide the parent with a written report of the defect and the corrections that need to be made. It is the responsibility of the owner of the chair to correct any wheelchair or any other equipment defects.

STATE AND FEDERAL REQUIREMENTS for WHEELCHAIRS

There are federal, state, and district regulations for students who are transported in wheelchairs via a bus that is designed to enhance student safety. CCR 13 § 1293 requires:

  • Securement of Pupils – Passengers shall be secured to wheelchairs by a restraining belt (lap belt) while being loaded, unloaded, and transported.
  • Securement of Wheelchairs  Wheelchairs shall be secured with fasteners of sufficient strength to prevent the chairs from rotating, prevent the chair from leaving the floor in in case of sudden movement, and support the chairs in the event the vehicle is overturned.
  • Equipment or Wheelchairs Wheelchairs shall be equipped as follows:
    • Wheelchair Locks and Restraining Belt – Wheelchairs shall be equipped with wheel locks and a restraining belt properly maintained by the owner of the chair. Electric wheelchairs transported on school buses shall be capable of being locked in gear when placed on a school bus or shall have an independent locking system capable of holding the wheelchair in place.
    • Batteries  Used to propel electric wheelchairs transported on school buses shall be both leak resistant and spill-resistant or shall be placed in a leak-resistant container. Batteries shall be secured to the wheelchair frame in such a manner as to prevent separation in the event of an accident.
    • Oxygen Tanks Drivers should not transport oxygen tanks or cylinders unless the student’s IEP specified the requirement for oxygen. The bus supervisor and driver trainer will inspect the tank or cylinder before the supervisor assigns the student to a route. These supervisors must designate the means by which the driver will secure the oxygen tank or cylinder during transportation.
    • Number of Oxygen Tanks A driver should not transport more than one tank or cylinder of oxygen for the student on the school bus. The drivers shall transport only the tank or cylinder that the child will use or need available for use during transportation. For this application, the tank or cylinder is in use even if the tank or cylinder is being transported for emergency use only. The driver shall not transport any spare or additional tanks or cylinders unless required by the student’s IEP. The parent/guardian is responsible for the transportation of any additional supply of oxygen for use at school.
    • Oxygen Securement – The driver should ensure the securement of the tank or cylinder either directly on the wheelchair of the student or to the bus seat occupied by the student. When the student occupies a bus seat, the student shall sit in the rearmost bus seat. Oxygen must be placed away from heating devices.
    • Storage – By regulation, oxygen tanks and cylinders should not be stored or transported in an enclosed compartment or area such as the trunk or luggage compartment. School buses transporting students with medically required oxygen are not required to display placards.

Oxygen Administration – The LEA/District may need to assign healthcare assistants to ride with students who require oxygen during transportation. The assistant should sit either with or near the student. The assistant provides all care involving the use of oxygen. The driver is responsible for securing the tank or cylinder.

SECTION VI:

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How does the IEP team determine if transportation is related to a student’s disability?

Eligibility for special education transportation as a related service shall be determined by the IEP team individually for each student, based on the assessment information related to the student’s disability. This determination, which shall be stated in the IEP, must be related to the needs of the student as a result of the student’s disability and consideration of whether transportation is required for the student to benefit from special education. When safety is a consideration, the determination must be related to the student’s disability and may not be based solely on the student’s chronological age or the school the student is attending.

Is the school/LEA required to complete a transportation assessment? 

IDEA contains no requirement for a formal, separate assessment. The IEP team makes the decision about whether a student requires transportation as a related service.

OSEP and case law reflect LEA’s obligation to assess student needs prior to determining transportation eligibility.  Transportation cannot be determined in order to accommodate a parent’s convenience or preferences.

 The 9th circuit has not specified criteria for determining need, although other decisions have included these factors:

  • Medical diagnosis
  • Physical accessibility of curbs, sidewalks, etc.
  • Student’s age, cognitive ability, behavior, and communication skills
  • Implementation of BIP during transport
  • Distance between home and school, duration of bus ride

Provided the student has transportation per their IEP and the family moves into a home that is substantially further away, is the LEA/District still required to provide transportation?

Yes, if it is determined that transportation is a necessary related service for the student to receive FAPE and it is in the student’s current IEP. If the student’s residence is outside the school’s bus area, the LEA/District can offer alternatives including mileage reimbursement for parents transporting the student.

How does the IEP team determine if a student requires an assistant on the bus?

The IEP team determines the need for a healthcare assistant or a temporary support assistant on the bus based upon assessed physical or medical needs or for safety issues due to existing student behaviors that are a manifestation of the disability. When it is determined that a bus assistant is required for student behaviors that jeopardize health and safety, those behaviors must be documented on the IEP and the IEP must include a Behavior Intervention Plan(BIP) and goals to decrease or eliminate the behaviors.

What is a LEA’s/District’s responsibility in transporting a student’s medical equipment or wheelchair?

A student’s IEP specifies which steps the LEA/District must take to meet the student’s educational needs. Specialized equipment may be required. When the IEP requires the use of special equipment, the student may need the equipment during transport. IDEA identifies transportation as a related service for education. Providers of related services must honor the requirements of the IEP. As a result, transportation must accommodate the need to transport or use any required special equipment. 13 CCR § 1293 places responsibility for the condition and repairs of the wheelchair, its wheel locks, and seat belt upon the owner (parent/ guardian) of the wheelchair. The IEP may require an ambulatory student to be restrained by a lap belt or safety vest. Contract companies shall provide all equipment (except a wheelchair) required for the transportation of students with disabilities on their buses. 

Can a student with special education services be suspended from transportation?

Yes, but the suspension of a student receiving special education services from transportation can be considered a change of placement if the LEA/District does not provide another mode of transportation. A significant change in placement requires a meeting of the IEP team to review the student’s IEP. During the period of any exclusion from bus transportation, a student must be provided with an alternative form of transportation at no cost to the parent/guardian to be assured of having access to the required special education instruction and services EDC 48915.5.

TAKE NOTE: 

  • A bus suspension may be a change in educational placement for a student with a disability when the district that has been providing transportation as a related service to the student suspends the student from the bus and provides no other form of transportation. Questions and Answers on Serving Children with Disabilities Eligible for Transp., (OSERS 2009).  
  • A bus suspension is a change of placement triggering an MDR if it continues for more than 10 school days or is part of a pattern of exclusions of more than 10 days. When the removal is a change of placement, the MDR team must convene within 10 days of the suspension decision to determine whether the conduct is a manifestation of the child’s disability. Letter to Sarzynski, (OSEP 2012).  
  • A bus suspension counts as a day of suspension for purposes of the IDEA’s disciplinary procedural safeguards only when the transportation is part of the child’s IEP. See, e.g., Orange County Sch. Dist.,(SEA FL 08/20/13) (finding that a Florida district violated the IDEA by failing to conduct an MDR for two students whose suspensions from the bus resulted in a change of placement).

 

Can a Certified Service Animal be transported to school by LEA/District with the student?

Yes, a certified service animal may be transported when it is needed to facilitate the functional level of a student with disabilities. The LEA/District should develop a policy to address this issue. Please see Appendix 1 for a sample policy and additional guidance.

 

If a student with a disability spends a significant amount of time being transported to and from school, as well as to and from another location to receive special education and related services, is the student entitled to receive additional school time to make up for the time lost in transportation?

Neither Part B of the IDEA nor the regulations address the issue of the length of a school day. Determining the length of a school day is a decision left to the LEA/District. However, the IDEA defines a school day as any day, including a partial day, in which students are in attendance at school for instructional purposes. Additionally, the school day has the same meaning for all children in school, including both those with and without disabilities. In general, a school day for a child with a disability should not be longer or shorter than a school day for general education students. However, if a child’s IEP team determines a child needs a shorter or extended school day in order to receive FAPE, then appropriate modifications should be incorporated into the IEP. However, these modifications must be based on the unique needs of the child, as determined by the IEP team, and not solely based on the child’s transportation time.

 

When does a student with a disability have a right to transportation to and from school-related activities that occur outside of normal school hours, such as community service activities that are required by the school?

Whether a student with a disability has a right to transportation to and from school-related activities that occur outside of normal school hours depends on whether the IEP team has included transportation as a related service in the student’s IEP to enable the student to benefit from special education and related services.

If the IEP team has made that determination, then it should include transportation for required after-school activities, such as community service activities that are required by the school, as well as for activities necessary to afford the child an equal opportunity to participate in extracurricular activities.

TAKE NOTE: “The IEP should describe any transportation services that a student with a disability needs to participate in extracurricular activities”. Questions and Answers on Serving Children with Disabilities Eligible for Transportation (OSERS 2009).  Under the IDEA, transportation for extracurricular activities may qualify as either a "related service" or a "nonacademic and extracurricular service and activity." 71 Fed. Reg. 46,583 (2006). See also 34 CFR 300.34 ; and 34 CFR 300.107.

 

If the IEP team has determined that a student requires door-to-door transportation, is the school required to transport the student from inside the home to the transporting vehicle?

The term “door-to-door” transportation seems to contemplate a home pickup and delivery as opposed to a bus-stop or “station” assignment, but still provides no indication as to what precise location at the home the transportation should meet the student – the curb, the driveway, or the front door itself. Cases have found that school districts are not required to cross the threshold and enter the interior of the home to retrieve and deliver the student. (see Independent School District, 17 IDELR 21 (SEA MN 1990) [school district was not obligated to provide an aide to carry a non-ambulatory child inside her home and up a flight of stairs]; and New York City School District, (SEA NY 1986) [school personnel was not required to go inside the apartment building where a student with an orthopedic impairment lived].) Generally, however, if the student’s IEP calls for door-to-door transportation, the district will be expected to provide transportation to and from the street location closest to the student’s doorstep.

What must local educational agencies (LEA) do in regards to transportation to the school of origin for students in foster care, under the Every Student Succeeds Act (ESSA)?

Develop and implement clear written procedures governing how transportation to maintain students in foster care in their school of origin when in their best interest will be provided, arranged, and funded for the duration of their time in foster care, and ensure that students promptly receive that transportation.

In California, foster youth have the right to continue to attend their school of origin through the end of the school year for youth in grades one through eight and have the right to complete high school for students already in high school when their case closes. EDC Section 48853.

Designate a “Point of Contact” (POC) if the corresponding child welfare agency notifies the LEA in writing that it has designated an employee to serve as a POC for the LEA.

What must the clear written procedures for children and youth in foster care include?

These procedures must ensure that children and youth in foster care who need transportation to the school of origin promptly receive it in a cost-effective manner.

If there are additional costs incurred in providing transportation to the school of origin, school districts will provide transportation through one of the following methods: The child welfare agency agrees to reimburse the school district;

  • The LEA/District agrees to pay the costs, or
  • The LEA/District and the child welfare agency agree to share the costs.

If a student attends school in District A (“district of residence”) at the time he or she is placed in a foster home located within District A’s boundaries, who is responsible for transporting the student to school?

District A. The district of residence must arrange for transportation consistent with its policies for resident students.

If the same student is placed in a foster care setting located in District B (“district of location”), outside of District A’s boundaries, and the child enrolls in District B’s schools, who is responsible for transporting the student to District B’s schools?

District B. The district of location, which in this situation is District B, is responsible for providing educational services to the student, including transportation, and District A, the district of residence at the time the student entered foster care, is responsible for the cost of the services pursuant to EDC §3202(4)(a).

Does the IEP team need to write goals(s) for transportation if needed to support a student’s access to a free and appropriate public education?

An IEP that requires transportation as a related service usually doesn’t need to include a goal for transportation. However, if transportation is integrated into an IEP provision, such as increasing independence or improving socialization, goals related to the service are necessary. (SEA IL 2014) (citing Letter to Smith, (OSEP 1995))

What constitutes an excessive daily commute on a school bus?

This varies to a large extent on the student, disability, overall health condition, and norms for the region. Nevertheless, a review of published opinions shows that generally speaking (and assuming the district is not located in a sparsely populated rural area), a student’s daily commute should not greatly exceed one hour either way.

TAKE NOTE: Neither the IDEA nor Section 504 specifically addresses the appropriate length of bus rides for students with disabilities. However, lengthy bus rides may be discriminatory and may result in the denial of FAPE,  Letter to Anonymous, (OSEP 1993.) Also consider an increase in travel time may constitute a change in educational placement under some circumstances. Dropping off the child an hour and 15 minutes later constituted a change in educational placement requiring the district to convene an IEP team meeting before deciding to make the increase. Fremont Union High Sch. Dist., (OCR 2011).

Are there other resources available to LEAs and parents about special populations’ transportation?

CDE SPECIAL EDUCATION TRANSPORTATION GUIDELINES

QUESTIONS AND ANSWERS ON SERVING CHILDREN WITH DISABILITIES ELIGIBLE FOR TRANSPORTATION

  • EDUCATION CODE  
    • 39807.5 Payment of transportation cost  
    • 39839 Guide dogs, signal dogs and service dogs on bus  
    • 41850-41854 Allowances for transportation  
    • 48300-48315 Alternative inter-district attendance program  
    • 48915.5 Expulsion of students with exceptional needs  
    • 56195.8 Adoption of policies  
    • 56327 Assessment for special education and related services  
    • 56345 Individualized education program  Policy 3541.2  
    • 56366 Nonpublic nonsectarian schools or agencies  
    • 56366.1 Waiver of requirements under section 56365 and 56366  

 

  • CODE OF REGULATIONS, TITLE 5  
    • 15243 Physically handicapped minors
  • UNITED STATES CODE, TITLE 20
    • 1400-1482 Individuals with Disabilities Education Act  
  • UNITED STATES CODE, TITLE 29
    • 794 Section 504 of the Rehabilitation Act of 1973
  • CODE OF FEDERAL REGULATIONS, TITLE 34
    • 104.4 Equal opportunity under the Rehabilitation Act of 1973, Section 504
  • CDE MANAGEMENT ADVISORIES
    • 0500.92 Implementation of Special Education Transportation Apportionment (#92-02)
  • CDE PROGRAM ADVISORIE
    • 0609.95 School transportation fee exemption for handicapped children and pupils whose parents or guardians are indigent (LO: 2-95)
  •  

Appendix 1:

Print This Section

THIS CONTRACT IS BEING PROVIDED AS A SAMPLE ONLY. SCHOOL DISTRICTS SHOULD SEEK LEGAL COUNSEL AS TO THE APPROPRIATE TERMS AND CONDITIONS TO BE INCLUDED IN ANY TRANSPORTATION CONTRACT.

TRANSPORTATION CONTRACT (with parents/guardians)

It is agreed that the LEA NAME, and PARENT(S)/GUARDIAN(S) NAME, enter into this contract for the transportation of STUDENT NAME to and from SCHOOL NAME  at ADDRESS DURING  STUDENT’S SCHEDULED ARRIVAL/DEPARTURE TIMES.

Contract terms: commence ________________________ and end _______________________.

Description of vehicle(s) to be used: 

Make ______________________________ 

Model Year _________________________ 

Plate Number ________________________

Auto liability insurance coverage amounts $____________________________. 

The parents must provide a certificate of insurance indicating that the policy is current and a copy of their current driver’s license. 

The responsibility of the LEA/District for transportation shall be limited to the regular school term. In addition, the following terms apply:

  • If reimbursement is based on a rate per mile, the maximum distance per round trip shall be limited to the actual mileage. If the student is attending a nonpublic school in another school district, mileage is limited to the distance from the parent’s home to the appropriate LEA/District boundary. The round trip mileage for this service shall not exceed miles per day.
  • If reimbursement is based on a rate per student, the amount will be prorated if the student withdraws before the end of the school year.

Reimbursement shall be paid at the rate of $___________ per mile or $_____________ per student per year.

Claims for reimbursement are to be submitted as follows: monthly, biannually and annually (circle one)

The parents must submit their claim within days after the end of the claim period. The LEA/District will reimburse the parent within 30 days after receiving the claim.

Either party can cancel the contract by giving 30 days written notice.

APPROVED: 

PARENT__________________________        LEA/DISTRICT _________________________

PARENT__________________________        LEA/DISTRICT _________________________

Appendix 2:

Print This Section

A certified service animal may be transported when it is needed to facilitate the functional level of a student with disabilities

Procedures for transporting a service animal:

    • The animal’s current immunization papers must be on file.
    • A certificate of training is required with an annual update.
    • The animal will be seated on the floor between front seat and front barrier, depending on type of bus being used.
    • Tethering of the animal will be determined on a case-by-case basis.
    • The animal should be acclimated to the bus before placing on the bus for transportation.
    • Documentation of animal’s behavior by a teacher, paraprofessional, parent, and trainer should be maintained.
    • The animal will participate in emergency evacuation drills.
    • The animal must respond to commands given by the bus driver.
    • Situations that would cause a cessation of transportation of service animal:
      • The animal biting someone.
      • The animal urinating or defecating on the bus. (Medical reasons taken into consideration if documented by a veterinarian.)
      • The animal not staying in its designated area.
    • The parent/guardian must show documentation of appropriate insurance coverage.
    • Document each step of the procedure of transporting a service animal.
  • Letter to parent/guardian of students on bus route informing them that a service animal will be on the bus.

Sample Notice to Parents of Other Students on the Same Bus
Dear parent/guardian:
This letter is to notify you that your son’s/daughter’s bus will be transporting a service animal to assist a fellow student. The service animal is a trained and certified _____________________ (breed) and will be riding the route on the school bus floor.
If you need further information concerning service animals, please contact my office at __________________________________________.
 Thank you in advance for your cooperation.
 Signature and contact information

Appendix 3:

Print This Section

 

Student Name: School: Case Manager: Parent(s) Name(s): Address: 

Type of Report: Transportation

Date(s) of Assessment: Assessment By:

D.O.B.:  Age: Grade: Sex: Primary Language:

REASON FOR REFERRAL

The purpose of the current transportation assessment is to determine if special education transportation services are necessary for STUDENT to receive a Free and Appropriate Education (FAPE). STUDENT has/has not previously qualified for special education transportation services as a related service on their IEP. 

ASSESSMENT PROCEDURES & TOOLS

  • Record Review
  •  Health/Developmental Records 
  •  Student Cumulative Record
  • Interviews
      • Parent Interview, Teacher Interviews, Physical Therapist(s)
      • Medical history review via conversation with Primary Care Physician MD, 
  • Observations
    •  Classroom-based observations
    • Observation during recess, lunch, physical therapy, and other unstructured times
    •  Observations during community ambulation field trip

TRANSPORTATION ASSESSMENT

According to state and federal laws, charter schools are not mandated to provide transportation to general education students. In individualized circumstances, an individualized education program (IEP) team may determine a student with a disability requires transportation as a related service on their IEP to benefit from special education. The purpose of the current transportation assessment is to determine if special education transportation services are necessary for XXXXX to receive a Free and Appropriate Education (FAPE)

REVIEW OF CURRENT TRANSPORTATION SERVICES

Summarize CURRENT student-specific mode of transportation here

As part of the current assessment, These examiner’s considered the student’s communication skills, self-help skills, physical mobility needs, sensory needs, fine motor skills, behavioral needs, and health needs for the purposes of assessing their ability to access the same types of transportation their non-disabled peers are accessing. These examiners referred to the Dorado County Charter SELPA transportation guidelines to inform the team of the appropriate steps for determining eligibility for transportation as a related service. 

STUDENT’s specific needs should be the primary consideration when the IEP team is determining transportation needs, including

  1. Medical diagnosis and health needs consideration of whether long bus rides could affect a certain pupil’s health (duration, temperature control, need for services, health emergencies); general ability and/or strength to ambulate/wheel; approximate distance from school or the distance needed to walk or wheel oneself to the school; consideration of pupil needs in inclement or very hot weather, other.

Summarize student-specific assessment information here

  1. Physical accessibility of curbs, sidewalks, streets, and public transportation systems.

Summarize student-specific assessment information here

  1. Consideration of a pupil’s capacity to arrive at school on time, to avoid getting lost, to avoid dangerous traffic situations, and to avoid other potentially dangerous or exploitative situations on the way to and from school.

Summarize student-specific assessment information here

  1. Behavioral Intervention Plans [Title 5, CCR 3001(g)] specified by the pupil’s IEP and consideration of how to implement such plans while a pupil is being transported.

Summarize student-specific assessment information here

  1. Mid-day or other transportation needs as required on a pupil’s IEP (for example, occupational or physical therapy or mental health services at another site, community-based classes, etc.) must also be taken into consideration when the IEP team discusses a pupil’s placement and transportation needs.

Summarize student-specific assessment information here

  1. Extended school year services, pursuant to EC Section 56345(b)(3), should be another consideration of a pupil’s need for transportation if considered necessary to provide a free appropriate public education as specified in a pupil’s IEP.

Summarize student-specific assessment information here

Eligibility for Transportation as a Related Service Recommendations

It is these examiner’s opinion, based on results of the current transportation assessment, that transportation is/is not required for XXXXX to receive access to Free and Appropriate Public Education; The IEP team will meet to discuss assessment results and determine special education eligibility and services. The purpose of this report is to provide information to assist the team in making that decision.

Assessor signatures and contact information

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