As a new school year approaches, are you crystal-clear about who in your school district is making decisions regarding transporting students with disabilities? This is the first in a series of articles that will raise questions to see if the right personnel are making the decisions to support safe transportation of students with special needs.

If appropriate personnel are not making decisions specific to the individual needs of students with disabilities in your school district, you may be failing to meet the requirements of the Individuals with Disabilities Education Act (IDEA) of 1997, which mandates that school systems provide a safe ride to and from school. Safety errors may result in a range of results, from costly corrective actions to litigation. Seemingly simple errors have resulted in the unfortunate deaths of children who are dependent upon adults for their safe being. Make sure that the right decision-makers are at the table when determining how to provide transportation services to a student with disabilities.

In August 2003, the United States Department of Education (USDE), Office of Special Education and Rehabilitative Services (OSERS) issued a Memorandum to State Directors of Special Education Programs titled "Ensuring Safe and Appropriate Transportation for Children with Disabilities." The memorandum states that "In meetings (and correspondence) with representatives of two major national transportation associations (i.e., the National School Transportation Association, and the National Association for Pupil Transportation), these representatives have expressed concerns that transportation providers are often not included in local school district plans or training related to transporting children with disabilities." Of concern to all parties pertinent to this memorandum is school bus safety. For a copy of this memorandum, go to www. ed.gov and type in Memorandum OSEP 03-10 at the search prompt. The Office of Special Education Programs (OSEP) recognizes the importance of appropriate and effective communication between special education and transportation offices to ensure the safety and well being of children with disabilities during their ride to and from school.

The first question to ask yourself is, "Does the school district have defendable policies and procedures to support the determination that a student with disabilities is eligible for the related service under IDEA?" IDEA defines transportation as including: travel to and from school and between schools; travel in and around school buildings; and; specialized equipment (such as special or adapted buses, lifts, and ramps), if required to provide special transportation for a child with a disability. ( §300.24 (b)(15) )

Following are some questions to ask in order to assess if your school district has the right personnel making transportation decisions to support safe transportation of students with special needs.

• Does your school district clearly delineate the responsibilities of the transportation and special education offices prior to determining the individual needs of students with disabilities riding the school bus? For example, what is the process to determine where the pick-up and drop-off location should be for a seven-year-old student with moderate mental retardation?
• Is there a mechanism in place to provide a timely response to parents, school district personnel and student concerns? Is the individual responsible for responding knowledgeable about the requirements of IDEA and the school district's policies and procedures? If a 10-year-old student with emotional problems reports an incident of sexual harassment on the school bus to a bus monitor, is everyone clear about the reporting of this alleged incident?
• If a bus contractor is providing daily transportation for students with severe mental retardation, is that contractor and bus driver knowledgeable about the school district's policies and procedures regarding such matters as individual student needs, reporting incidences, and how to request assistance? Does the school district have a formal policy for contractor - school district communication?
• Is the Individualized Education Program (IEP) team trained to recognize when a child's disability warrants services different from non-disabled students? For example, if a student has a history of seizures, how does the IEP team insure that the driver is informed of the student's needs and the procedures to follow on a school bus if a seizure occurs?
• What are the policies and procedures for transportation personnel attending an IEP team meeting to discuss the impact of a student's disabilities on the school bus ride?

These are a few of the many questions to answer prior to the beginning of the next school year. On the occasions that I have been consulted regarding potential litigation involving transporting students with disabilities where there is a valid complaint there is always a breakdown in communication. Take the time to make sure that everyone who is required to be a part of the decision-making team is knowledgeable about their respective role in designing safe transportation for students with disabilities. Stay tuned for the next article, which will focus on the role of the IEP team in determining transportation services for students with disabilities.

Dr. Linda F. Bluth is chief of the Community and Interagency Services Branch at the Maryland State Department of Education. A portion of her time is spent on addressing transportation for students with disabilities.