Office of Special Education Programs
Training Overheads on the IDEA '97 Regulations
Overheads for Part B: Transportation

[Overhead 1]
Use of "Transportation" in IDEA-Part B Regulations

INTRODUCTION - After much preparation, and discussions by the Office of Special Education (OSEP) with numerous groups (including the pupil transportation industry) President Bill Clinton signed the Individuals With Disabilities Education Act Amendments of 1997, P.L. 105-17, on June 4, 1997. This Act became known as the IDEA of 1997.

The final Regulations for IDEA '97 took effect on Friday, March 12, 1999. These Regulations can also be referred to as 34 CFR Part 300 - Assistance to States for the Education of Individuals with Disabilities (Part B of the Individuals with Disabilities Education Act (IDEA))

These regulations were intended to accompany the Act (P.L. 105-17). They include a statement of purpose, a list of the various regulations that apply, and numerous definitions and terms, including: Child with a disability and definitions of disability terms (300.7)

• Definitions of "day"; "business day"; and "school day" (300.9)
• Free appropriate public education (FAPE) (300.13)
  Provisions for a free appropriate public education (300.121)
  Individualized education program (IEP) (300.15)
  Individualized family service plan (IFSP) (300.17)
  Least Restrictive Environment (LRE) (300.130)
  Local Education Agency (LEA) (300.18)
  Public Agency, including LEA and SEA (300.22)
  Related service, (15 definitions including "transportation") (300.24)
  Special education, including definition of terms, i.e. "travel training" (300.26)
  Transition services (300.29)

Often, in order for a local education agency (LEA) to provide a child with a disability a free appropriate public education (FAPE), in the least restrictive environment (LRE), special education (S.E.) is necessary. In some cases, special education and "related services", including transportation services, may be necessary to assist the child in receiving FAPE. This may also include travel training and transition services. The provision of services for a student with a disability, along with a plan that includes educational goals and benchmarks is included in the student's Individualized Education Program (IEP) or Individualized Family Service Plan (IFSP).

Appendix A of the Regulations to the Amended IDEA includes 40 questions that relate to the provision of services, including transportation services. Question 33 specifically relates to transportation as a related service. Other questions relate to transportation less directly.

[Overhead-2]
Related Services , (§300.24)

"Related services" means transportation and such developmental, corrective, and other supportive services as are required to assist a child with a disability to benefit from special education.

In most states, a school district or public education agency has no basic obligation to provide transportation service for the general education population. Guidelines for the provision of transportation services are generally a matter of local, regional, or school district policy.

The regulations for students with disabilities are decidedly different. Students with disabilities are entitled to the transportation services that are specified in their IEP. As with special education and other related services, transportation must be provided to students with disabilities at no cost to them or their families.

If a school district or public education agency provides transportation services to its general education population, it must also provide transportation service to any students with disabilities that may need it. The provision of transportation service for a student with a disability is considered a related service by definition, and should be documented in the student's IEP.

Related services are often necessary to provide FAPE for a child with a disability. The provision of a related service such as transportation should be indicated in the child's IEP. Consideration should be given to the child's age and level of maturity, degree of disability, and his/her ability to ride the school bus with nondisabled peers. As with other services, including related services, transportation should be provided in the least restrictive environment. For many students, this may mean walking to school. If this is not possible, due to the student's disability or level of maturity or physical condition, transportation with nondisabled peers may be the next most appropriate means of transportation, before a more restrictive bus ride with other students with disabilities on a bus with supervision. A "Continuum of Transportation Services" is available to further explain transportation services from the least restrictive to the most restrictive.

If any transportation requirements or special adaptations, specific to a child, such as bus aide, bus with a lift, air conditioning, etc. are required, these should also be indicated in the student's IEP.

[Overhead-3]
Definition of "Transportation" [§300.24(b)(15)]

The term transportation includes:
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 to a child with a disability.

Transportation services for a student with a disability can be varied, depending on the child's needs. The "Continuum of Transportation Services" (see the Continuum of Transportation Services published in the 1995 "National Standards for School Transportation") helps to identify some of the varied types and degrees of service that may be appropriate to assist a child to receive special education services.

The term "transportation services" is generally considered to mean transportation to and from school and school related activities. However, this could also mean transportation service to travel between school buildings if a student needs assistance to go from one building to another in a school campus-type setting.

It could also mean travel assistance or accommodation in and around a school building if a student with a disability needs assistance to move from class to class. An example might be elevator service for a student with a physical disability to move from floor to floor within a school building. It might also include a wheelchair or special walker to assist a student with a physical disability, or an aide to assist a student in traveling from class to class.

Transportation service may also include specialized vehicles or equipment needed to assist a student with a disability to travel from school to home and back or within the school itself. Such equipment might include a lift on the bus for a student in a wheelchair, or a vehicle equipped with air conditioning for a student with a fragile medical condition that requires a controlled climate or purified air. It could also mean a special car seat or supplemental child restraint system for a child with a special need or infant or toddler that cannot sit safely on the regular school bus seat.

In every case, the provision of transportation services for any student with disability must be decided on a case-by-case basis. Consideration must be given to the student's age, physical and/or educational needs, level of development, and length of ride. Transportation service may also be temporary or seasonal, depending on the student's need.

Whenever possible, a yellow school bus is the preferred mode of transportation. However, if this is not appropriate, the IEP team should determine an alternate mode of transportation.

[Overhead-4]
Must a public agency include transportation in a child's IEP as a related service?

As with other related services, a public agency must provide transportation as a related service if it is required to assist the child with a disability to benefit from special education.
This includes transporting a preschool-aged child to the site at which the public agency provides special education and related services to the child, if that site is different from the site at which the child receives other preschool or day care services.
(Source: Appendix A, Question 33)

The determination of need for transportation as a related service should be made at a meeting to discuss the student's IEP. At this meeting, the IEP team (which should include a representative from the transportation department) should discuss how the student's disability affects his/her need for transportation service.

The nature and level of the child's disability, as well as the child's ability to function with his nondisabled peers should be considered. Age and/or level of maturity could be considered, but should not be considered outside the context of those other factors that relate to the student's disability, since age by itself is not a disability.

In each situation, consideration should be given to transportation "in the least restrictive environment." It should be assumed that most children with disabilities can, and should, be transported with their nondisabled peers - with accommodations if needed. Additionally, since transportation services extend to all aspects of a student's educational program, the type of transportation service to be provided and the provision of any additional special equipment or service needs should be specified in the child's IEP.

Special transportation provisions may be necessary if a student with a disability is placed by the district at a school outside the home district (or out of state). In this situation, the obligation of the district to provide necessary transportation service is clear. However, a student with disability who is in private placement based on parent choice is generally not eligible for transportation service from the home school district or public agency. In each situation, the provision of transportation services should be clearly defined in the student's IEP, and the obligation for services to a student placed out of district or out of state should also be clearly stated.

If the IEP team determines that transportation services are not required as a related service to provide special education for the child under the IDEA, the child may still be eligible for transportation services under Section 504 of the Rehabilitation Act of 1973. This law requires a school district to provide the same level of transportation to a student with a disability as that which is provided to nondisabled students.

[Overhead-5] In determining whether to include transportation in a child's IEP, and whether the child needs to receive transportation as a related service, it would be appropriate to have at the IEP meeting a person with expertise in that area.

The IEP team must consider how the child's disability affects his or her need for transportation, including determining whether the child's disability prevents the child from: using the same transportation provided to nondisabled children, or
? getting to school in the same manner as nondisabled children.
? (Source: Appendix A, Question 33)

As with the provision of any other service identified in a student's IEP, whenever there is discussion at an IEP meeting to determine if transportation is needed, a person knowledgeable in student transportation services should be available to answer questions and assist in the provision of services. Special consideration should be given to special medical, physical, psychological/emotional, or behavioral needs of the child.

Operational considerations for students with disabilities are usually rather routine, however, special needs for some students must be considered on a case-by-case basis. These considerations may include: Pick up location - home pick up vs. corner pick up
? Curb-to-curb vs. door-to-door
? Special home pick up arrangements - carrying children into the home
? Special considerations during inclement weather
? Whenever these considerations are included in a student's IEP, a justification and duration for this special service should be included since circumstances over time may change.

Often the transportation specialist can save the district time and money with his/her knowledge and expertise. Considering available options before a determination is made to other, often more costly options as well as planning or developing a timeframe for the delivery of services is essential for any efficient transportation operation. Basic knowledge of transportation services for the district, as well as route scheduling is also essential when planning for the provision of services.

One of the intents of the amended IDEA is to provide students with a greater opportunity to receive special education in the "least restrictive environment". For many students, especially those in a large urban setting, this may mean that the student can walk to school with his nondisabled peers. In many other situations, bus transportation can be provided with a student's nondisabled peers. A person knowledgeable of the district's transportation operations could readily answer these questions and address these issues in a timely manner. He/she would also have knowledge of the timeframe for the implementation of service, if special arrangements or additional accommodations were needed.

[Overhead-6]
The public agency must ensure that:
any transportation service included in a child's IEP as a related service is provided at public expense and at no cost to the parents, and
? the child's IEP describes the transportation arrangement.
? (Source: Appendix A, Question 33)

Free, appropriate public education (FAPE) is mandated for any student with a disability. The term, as defined at 34CFR300.13 and 300.121 means special education and related services that are provided at public expense, meet the standards of the State Education Agency (SAE), and are provided in conformity with the child's IEP. If it is determined that a student needs transportation as a related service in order to receive special education, this service must be provided at no cost to the parent. It is suggested that every school district develop policy that would provide reasonable compensation to a parent that provides transportation service for their child, in the event the school district is unable to provide service with their existing fleet or it is more appropriate or cost effective for the parent to provide the service with compensation.

Additionally, the service must be appropriate for the child as determined by his/her disability and individual needs. This may be more restrictive than the school district (public agency) is able to provide. In this case, it may be more appropriate for the parent to provide the necessary transportation with reimbursement or compensation from the district.

Provisions of transportation services may include:
Type of vehicle or transportation service needed
? Type of specialized equipment needed to provide safe transportation
? Additional personnel that may be needed to assist in transportation
? Type of transportation service that may be needed in and around school
? ? Extent of any special transportation service that may be needed

All arrangements for transportation service should be documented in the student's IEP. Any subsequent change in the mode of transportation service, or any addition or deletion of service or necessary equipment needed to transport the student, requires a modification of (addendum to) the student's IEP.

The provisions of FAPE are only guaranteed to students that have been placed at a school or educational facility by the local education agency. Parents that unilaterally place their child in a private educational facility are not entitled to FAPE under the law. Additionally, the provision of services is based on need and not personal convenience. School districts are not obligated to provide transportation services for a child strictly due to lifestyle preference.

[Overhead-7] If a child's IEP team determines that the child does not require transportation as a related service, Section 504 of the Rehabilitation Act of 1973 (as amended) requires that the child receive the same transportation provided to nondisabled children. ? If the public agency transports nondisabled children, it must transport disabled children under the same terms and conditions. ? If the public agency transports only those children whose IEPs specify transportation as a related service and does not transport nondisabled children, the public agency would not be required to provide transportation to a disabled child. (Source: Appendix A, Question 33)

To state this more clearly, if a child's IEP team determines that the child does not require transportation as a related service under IDEA, the child may still qualify for transportation service under Section 504.

Section 504 of the Rehabilitation Act of 1973, 34CFR104.4(a), states: "No qualified handicapped person shall, on the basis of handicap, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity which receives or benefits from Federal financial assistance."

Enforcement of this law is the responsibility of the Office of Civil Rights (OCR) of the Department of Education (DOE).

Section 104.12(a) states: ".a recipient shall make reasonable accommodations (italic added) to the known physical or mental limitations of an otherwise qualified handicapped applicant". The definition of who is "handicapped" under this law is much broader than the comparable definitions in IDEA'97.

Section 104.33(a) of this act mandates FAPE. The same section goes on to insure implementation of an individualized education program (IEP) and related services to the extent provided to nondisabled students, as well as transportation service in certain situations. Section 104.33(c)(2) mandates transportation service.

The mandate for FAPE under Section 504 as well as the provision of services and related services in the educational setting are similar to those provided under IDEA'97. In providing for nonacademic and extracurricular services and activities, a district shall ensure that handicapped persons participate with nonhandicapped persons."to the maximum extent appropriate" (which may mean identical service in some situations) and that facilities, services, and activities provided for the handicapped are comparable to the other facilities, services, and activities.

What this means for transportation service providers is that if a school district provides transportation services for students that are not disabled, it must also provide the same or comparable transportation service for students with disabilities, in the least restrictive environment, and documented in the student's IEP.

[Overhead-8]
It should be assumed that most children with disabilities receive the same transportation services as nondisabled children, unless the IEP team determines otherwise.

For some children with disabilities, integrated transportation may be achieved by providing needed accommodations to address each child's unique needs. Such accommodations can include lifts and other equipment adaptations on regular school transportation vehicles and must be provided at no cost to parents. (Source: Appendix A, Question 33)

The provision of services in "the least restrictive environment" should be a primary consideration when planning the delivery of services. It is assumed that most students with disabilities can walk to school with their nondisabled peers to receive special education. If, however, a student with a disability needs transportation services, the first alternative would be transportation (if available) with nondisabled peers. If this is available, consideration should be given to any additional services or accommodations that may be necessary to assist the child in receiving service in the "least restrictive environment."

Documentation for the provision of transportation service or any modification in the type, method, or extent of service should be documented in the student's IEP.

[Overhead-9]
Comprehensive System of Personnel Development (CSPD) - Staff Training As with other provisions related to qualified personnel, all personnel who provide required services, including bus drivers, must be appropriately trained.
(Source: Attachment 1 of the final regulations, Analysis of Comments and Changes, p. 12551)

Developing a comprehensive system of personnel development (CSPD) is covered in 300.380 of the new IDEA Regulations. Section 300.382 deals with "improvement strategies" for this CSPD, and states in part that States develop plans ".to ensure that all personnel who work with children with disabilities" .including related service providers, "have the skills and knowledge necessary to meet the needs of children with disabilities." This study should include the characteristics of children with disabilities and behavior management strategies for children with disabilities. Appropriate training for all staff that deals with children with disabilities is essential. School bus drivers in each state receive training in the safe operation of their bus. They also receive training in managing student behavior on the bus, etc. This, however, may not be enough when it comes to managing students with disabilities on the bus, understanding the nature or psychology of children with special needs, or understanding the regulations that apply to the education of children with disabilities. Many school bus drivers, especially veteran bus drivers, need additional training to understand their role and responsibilities when transporting children with disabilities.

[Overhead-10]
Orientation and Mobility Services
[§300.24(b)(6)(i)]

One related service relevant to "transportation" may be orientation and mobility services. These are services provided to blind or visually impaired students by qualified personnel to enable those students to attain systematic orientation to and safe movement within their environments in:
school,
? home, and
? ? community.

Unlike "travel training," which will be discussed at a later point, "orientation and mobility" is a service that is provided to visually impaired - sensory deprived - individuals. This is unique training provided to individuals that are sensory deprived and require special training to aid them in overcoming their lack of visual input.

[Overhead-11]
"Orientation and mobility services" includes teaching students the following, as appropriate:
Spatial and environmental concepts and use of information received from the senses (such as sound, temperature, and vibrations) to establish, maintain, or regain orientation and line of travel (e.g., using sound at a traffic light to cross the street);
? To use the long cane to supplement visual travel skills or as a tool for safely negotiating the environment for students with no available travel vision;
? To understand and use remaining vision and distance low vision aids; and
? Other concepts, techniques, and tools.
? [Source: §300.24(b)(6)(ii)]

"Orientation and mobility services usually involve some transportation. As an extension of "orientation and mobility services", if appropriate, visually impaired students should receive some type of "travel training". However, unlike "orientation and mobility", travel training includes training to safely travel in and around the school and community, as well as using available public transportation when necessary. This is essential for a student to transition from elementary to high school, for job training while still in school, or transition services appropriate for a 14 through 16-year old student who is about to receive transition training.

[Overhead-12]
Must related services personnel attend IEP meetings?

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

However, a public agency must ensure that all individuals who are necessary to develop an IEP that will meet the child's unique needs and ensure the provision of FAPE to the child participate in the child's IEP meeting.
(Source: Appendix A, Question 30)

While it is not essential that staff from the student transportation department attend every IEP meeting that involves the provision of services, it is important that some person knowledgeable in the operations of the district's student transportation program be present at the meeting to help develop transportation services that will meet a child's unique needs. This could be any staff person at the school or district that has knowledge of the type of services that are available and an understanding of the timeline needed to provide necessary service.

Every district should be prepared, on occasion, to have staff from their student transportation department or student transportation service provider present at an IEP meeting when unique or specialized services may be needed. If it is not possible for student transportation staff to attend an IEP meeting where these special needs are discussed, staff from the IEP meeting should meet with transportation personnel as soon as possible to discuss these student's needs.

[Overhead-13]
Therefore, if a student has an identified need for related services, it would be appropriate for the related services personnel to:
attend the meeting, or
? otherwise be involved in developing the IEP.
? (Source: Appendix A, Question 30)

In most school districts, it may be physically impossible for staff from the student transportation department to attend every IEP meeting that required transportation services. Most school districts have staff that is knowledgeable in the operation of the transportation services that are available through the district. This staff can assist at an IEP meeting in the development of provisions for transportation services.

If special training or instruction is to be part of the transportation plan for a student's IEP, it is highly recommended that staff from the transportation office or transportation service provider who has some knowledge of the student's needs attend the meeting.

Any school bus driver that provides transportation as a related service to a child with a disability should receive additional training as described in Overhead 9. [Overhead-14] For example: If a child's evaluation indicates the need for specific related services (e.g., special transportation services), the agency should ensure that a qualified provider of that service either:
attends the IEP meeting, or
? provides a written recommendation concerning the nature, frequency, and amount of service to be provided to the child.
? The written recommendation could be a part of the evaluation report.
(Source: Appendix A, Question 30)

Each school district (public agency) should have written policy and guidelines regarding the development and provision of related services. These guidelines should specify how the nature, frequency and amount of services are to be indicated in the student's IEP. The district or agency should ensure that the staff person responsible for providing this written recommendation has a thorough understanding of what the district or agency will provide and the timeliness for providing the service. Each IEP must be written so that it addresses the unique needs of the child.

Additionally, as noted several times already, any school bus driver that provides transportation as a related service to a child with a disability should receive additional training as described above and in Overhead 9.

[Overhead-15]
Special Education
(§300.26) "Special education" means specially designed instruction, at no cost to the parents, to meet the unique needs of a child with a disability.
Special education includes travel training if it meets the definition of special education.

While travel training is not specifically identified as a "related service" in the reauthorized IDEA, 34 CFR 300.26(b)(4) identifies travel training as "providing instruction, as appropriate, to children with significant cognitive disabilities, and any other children with disabilities who require this instruction, to enable them to - (i) Develop an awareness of the environment in which they live; and (ii) Learn the skills necessary to move efficiently and safely from place to place within that environment (e.g., in school, in the home, at work, and in the community)."

This component of "special education" involves teaching children with disabilities to move or travel safely. It can and should begin as early as possible for any student with a disability. It can begin by first teaching children to move safely from point to point while at school or at home, and then gradually moving to more complicated settings to teach children to travel safely. The process of teaching travel training must include a plan with specific goals.

[Overhead-16]
Travel training means providing instruction, as appropriate, to children with significant cognitive disabilities, and any other children with disabilities who require this instruction, to enable them to:
Develop an awareness of the environment in which they live; and
? Learn the skills necessary to move effectively and safely from place to place within that environment (for example, in school, in the home, at work, and in the community).
? [Source: §300.26(b)(4)]

Learning to move or travel safely - "travel training" - can and should begin at a very early age. With many students, especially students with disabilities, traveling safely to and from school is a learned process. In very young children, travel training can often begin simply by teaching safe, purposeful movement, i.e., moving safely down the hallway at school or opening a door to get to another room. Children often need to be taught to travel safely to and from school or school related activities as part of transition planning. In a large urban area, learning to travel safely can be complicated by a number of environmental factors. In a less dense or rural setting, a different set of environmental obstacles may challenge students and require different goals and objectives to a successful travel-training program. For many students with disabilities, learning to use public transportation as a life training or transition-planning goal is the broader process.

Travel training involves:
Safe, purposeful movement
? Avoiding dangers at home or at school, i.e., stairs, doors, windows, etc.
? To identify street signs and house numbers
? To negotiate complicated or dangerous street intersections
? To walk safely through a neighborhood and be alert for "stranger-danger"
? How to wait safely for a bus (school or transit bus) or any other means of transport at a designated location
? How to ride a school bus safely
? When possible, how to navigate through a city's public transportation system
? When and how to ask for assistance in an emergency or simply to ask for information as needed
? ? What to do if an unexpected diversion or delay occurs, i.e., construction or bad weather delays travel, etc.

As the IEP team meets to discuss independent travel for a student, they may initially feel that independent travel is not appropriate. Key factors that should be considered when evaluating the appropriateness of travel training for a student are the nature of the student's disability, his/her ability to solve problems appropriately and in a timely manner, the ability to stay focused on a task, his/her current social skills, motivational factors, and family support. Remember, travel training is a learned process; it will take time to master successfully. The student will need support.

[Overhead-17]
Transition Planning [§300.347(b)]

Beginning no later than when the student is age 14, the IEP team must determine what instruction and educational experiences will assist the student in preparing for transition from secondary education to post-secondary life.
Beginning no later than age 14, the student's IEP must include a statement of transition service needs that focuses on his or her courses of study (such as participation in advanced-placement courses or a vocational education program).
? ? Beginning no later than age 16, a statement of needed transition services must be included in the IEP.

In the past, the major focus of the IDEA was to simply provide children and young adults with disabilities access to a free, appropriate public education in the least restrictive environment. With the introduction of IDEA '97, however, the goal has changed to one of improving and advancing the educational goals of children with disabilities. The new focus is on greater parental involvement, along with greater involvement of the student with a disability in the general education curriculum. This involvement in the general education curriculum includes greater emphasis on preparation for post secondary education as necessary, exploring possible meaningful employment opportunities, and, finally, independent living including assuming adult responsibilities in their community.

Beginning at age 14 and continuing until the student is no longer eligible for special education services, the IEP team must develop a student's post high school goals and identify services that will assist the student in transition from school to community.

[Overhead-18]
What does transition have to do with transportation?

For a student whose transition goal is a job, a transition service could be teaching the student how to get to the job site on public transportation.
? For another student, the statement of transition service needs could describe why public bus transportation training is important for future independence in the community.
? (Source: Appendix A, Question 11)

Beginning at age 16, the IEP team must develop a statement of needed transition services. This statement of services should include instruction, provision for related services, including transportation services as needed, community experiences, the development of employment and other post-school adult living objectives needed to assist the student in making a successful transition. Transportation services can often provide the necessary link between school and job or community-related activities.

[Overhead-19]
Nonacademic Services (§300.306)

Each public agency must take steps to provide nonacademic and extracurricular services and activities in the manner necessary to afford children with disabilities an equal opportunity for participation in those services and activities.
Nonacademic and extracurricular services and activities may include, among other things, athletics, recreational activities, clubs sponsored by the public agency, and transportation.

As mentioned earlier, the definition of "related services" in the IDEA includes transportation, as well as developmental, corrective, and supportive services (including speech language pathology and audiology services, psychological services, physical and occupational therapy, recreation, including therapeutic recreation, social work and/or counseling services, etc.), and the list goes on.

Under Section 504 of the Rehabilitation Act of 1973, transportation services are included in the group of nonacademic services that school districts are required to provide to qualified students. On this basis, no students should be excluded from participation in, denied the benefits of, or otherwise excluded from any school related activity because of a disability.

The important consideration as to whether a district must provide transportation service for a student is that the service is related to the student's education program, and the provision for service is included in the student's IEP or 504 Plan. Even if the provision for service is not included in the student's IEP or 504 Plan, if there is a strong case that such service should be included, the district might want to consider providing the service. On the other hand, if there is no direct relationship between the program for which a student is requesting transportation and his/her educational program, the school district may not be required to provide transportation service.

If a school district places a student at a school or school district away from the student's normal attendance area school, the school district has an obligation to provide transportation services for that student to school and school related activities. This may include any nonacademic and extracurricular activities in which the student may wish to participate. This obligation changes if the student is placed in a school or program based on personal preference or parental choice. In that situation, the school district normally does not have an obligation to provide transportation services. This is done on a case-by-case basis.

As a final note here, transportation services are based on a student's need and not on convenience. Often a school district can insist that a student wanting to participate in an extracurricular or nonacademic activity do so at a time when transportation services are generally available. As always, consideration is done on a case-by-case basis and any provision for service is included in the student's IEP.

[Overhead-20]
Transportation and Private School Children with Disabilities (§300.456)

Services provided to private school children with disabilities may be provided on-site at the child's private school (including a religious school), to the extent consistent with law.
If services are offered at a site separate from the child's private school, transportation may be necessary in order to get the child from one site to the other, or the child may be effectively denied an opportunity to benefit. In this sense, transportation is not a related service but a means of making the services that are offered accessible.

In a recent memo (May 2000) to Chief State School Officers from Kenneth R. Warlick, Director of the Office of Special Education Programs (OSEP), the issue of transportation and private school children with disabilities was discussed.

In the best-case situation, the public agency would offer to provide special education services to parentally placed children with disabilities on-site at the child's private school. According to Warlick; "The provision of services at private school sites will help to minimize the amounts and time spent on transportation. In addition, this should cause the least disruption in the children's education." However, if this is not "consistent with law", or possible for a given situation, the district should consider the provision of transportation services in order to provide the child access to special education services that may be included in his/her IEP.

In response to a separate question, Warlick states:
"Regardless of whether transportation would be a related service for a child with a disability, transportation may be necessary for an individual child. If services are offered at a site separate from the child's private school, transportation may be necessary to get the child to and from the other site. Failure to provide transportation could effectively deny the child an opportunity to benefit from the services that the LEA has determined through consultation to offer its parentally placed private school children with disabilities. In this situation, transportation is not a related service, as defined at 34 CFR 300.24(b)(15), but it still is a necessary means of making the services that are offered accessible to the child."

This response, while it does not carry the force of law, could impact significantly on any court's decision regarding the provision of service in a disputed situation. The significance of this response appears to be that if service were available at a separate site from the child's private school, by not providing transportation to that site, the public agency would be denying the necessary service to that child. Could an LEA refuse to provide transportation service to a parentally placed private school child with a disability, who reside in its jurisdiction but who attends private school located outside the LEA's boundaries? The answer to the question may depend on the increased cost involved in providing service and will be discussed in overhead #22.

[Overhead-21] If necessary for the child to benefit from or participate in the services, a private school child with a disability must be provided with transportation...
? From the child's school or home to a site other than the private school; and From the service site to the private school, or to the child's home, depending on the timing of the services.
? Note: LEAs are not required to provide transportation from the child's home to the private school. [§300.456(b)]

Kenneth Warlick, OSEP Director, addresses the issue of school district responsibility for children with disabilities in private schools by stating that generally such children fall into one of two groups. The first group includes children placed by public agencies as a means of providing special education and related services. The second group includes those children placed at private schools by their parents, and this second group consists of two subgroups. In this first subgroup, parents place their children at private schools when FAPE is not an issue. The children in this subgroup have no individual entitlement to services under Part B if the IDEA. In the second subgroup, parents place their children at private schools because they feel that the public agency has failed to provide FAPE. If a hearing officer or court agrees with the parents and finds that there has been a denial of FAPE, the parents may be able to obtain reimbursement for part or all of their costs, including transportation costs if necessary for the unilateral private-school placement.

[Overhead-22] LEAs should work in consultation with representatives of private school children to ensure that services are provided at sites that will not require significant transportation costs. (Source: Attachment 1 of the final regulations, Analysis of Comments and Changes, p. 12604)
The cost of providing this transportation may be included in calculating whether the LEA has met the requirement of §300.453 (which details how much each LEA must spend on providing special education and related services to private school children with disabilities). [Section 300.456(b)(2)]

According to IDEA '97, each LEA must expend an amount that is equal to a proportionate share of the LEA's grant money on the provision of special education AND related services for parentally placed private school children with disabilities residing in the LEA's jurisdiction.

This means that the proportionate cost of education and related services for a child with a disability placed by the parents in a private school must be calculated, and it is this cost that is the basis for whether transportation service will be provided or not. For example, if the calculated cost for certain special education AND related services for all children with disabilities in the LEA's jurisdiction equals $400.00 per year, per student, this is the amount that the district is obligated to pay for a child that is parentally placed in a private school. This includes the cost of special education AND all related services including transportation, as computed.

[Overhead-23]
Discipline-Related Issues (§300.520)
Under certain specific circumstances, school personnel have the authority to remove a child with a disability from his or her current placement for a number of days (as specified in IDEA and its implementing regulations) for violation of school rules.
? Example: For any violation of school rules and to the same extent that removal would be applied to children without disabilities, school personnel may remove a child with a disability from his or her current placement for not more than 10 consecutive school days.

The provision of transportation services for a student with a disability should always be included in a student's IEP. Any time a school or school district chooses to alter the delivery of services for any reason, including disciplinary reasons, the school or district must do so according to the new law and regulations of IDEA '97. To help clarify the point that a student can be removed from his/her current placement, the new IDEA regulations include a provision that helps explain the longstanding definition of what constitutes a "change of placement" when dealing with issues of discipline and students with disabilities.

A disciplinary "change of placement" occurs when a child is removed for more than 10 consecutive school days or when the child is subjected to a series of removals that constitute a pattern because they add up to more than 10 school days in a school year, and because of factors such as the length of the removal, the total amount of time the child is removed and the proximity of the removals to one another. It should be noted that multiple short-term removals, i.e., 10 consecutive days or less, for separate incidents of misconduct are permitted, to the extent removal would be applied to children without disabilities as long as the series of removals do not constitute a "change of placement" as defined above.

Not all series of removals that cumulate to more than ten school days in a school year would constitute a pattern under the new regulations. On the other hand, if the removals constitute a "change in placement", the child's IEP team must be involved, and changes must be noted in the student's IEP.

[Overhead-24]
Example: For any violation of school rules and to the same extent that removal would be applied to children without disabilities, school personnel also have the authority to order additional removals of not more than 10 consecutive school days in the same school year for separate incidents of misconduct [as long as those removals do not constitute a change of placement under §300.519(b)].
? ? Example: For possessing a weapon at school or a school function, school personnel may change the child's placement to an interim alternative educational setting for the same amount of time that a child without a disability would be subject to discipline, but for not more than 45 days. ?

[Overhead-25]
Question: In counting how many days a child has been removed, do "days of suspension" include days of in-school suspension, bus suspensions, or portions of a school day?

Answer: Whether a bus suspension would count as a day of suspension would depend on whether the bus transportation is a part of the child's IEP.

? If bus transportation is a part of the child's IEP, a bus suspension would be treated as a suspension under §300.520 unless the public agency provides the bus service in some other way, because that transportation is necessary for the child to obtain access to the location where all other services will be delivered. (Source: Attachment 1 of the final regulations, Analysis of Comments and Changes, p. 12619)

In answering this question, it may be helpful to have an understanding of what a "day" is, as defined in IDEA97 Regulations, Part A:

§300.9 Day; business day; school day. As used in this part, the term-
(a) Day means calendar day unless otherwise indicated as business day or school day;
(b) Business day means Monday through Friday, except for Federal and State holidays (unless holidays are specifically included in the designation of business day, as in §300.403(d)(1)(ii)); and
(c) (1) School day means any day, including a partial day that children are in attendance at school for instructional purposes.
(2) The term school day has the same meaning for all children in school, including children with and without disabilities.
(Authority: 20 U.S.C. 1221e-3)

Keep in mind that if a child with a disability is suspended from bus (transportation) service and has no other way to get to school other than the school bus, this counts as a day of suspension, when counting total days of suspension from school for the year. The school or district may wish to consider some alternate means of transportation for the student if suspension is not appropriate or is not an option. This may include reimbursing the parent for the cost of transporting his or her own child, or arranging alternate or separate transportation for the student.

If the child's behavior on the bus interferes with his/her safe transportation or the safe transportation of others, the IEP team should consider strategies and supports to address the child's behavior on the bus. It may also be necessary to assign an additional educational support person to the bus as well as assist the child and teacher with a behavior management plan to improve the child's behavior on the bus.

[Overhead-26] If bus transportation is not a part of the child's IEP, a bus suspension would not be suspension under §300.520. The child and his or her parents would have the same obligations to get to and from school as a nondisabled student who has been suspended from the bus.
? However, public agencies should attend to whether the behavior on the bus is similar to behavior in a classroom that is addressed in an IEP and whether bus behavior should be addressed in the IEP or behavioral intervention plan for the child. (Source: Attachment 1 of the final regulations, Analysis of Comments and Changes, p. 12619)

If a suspension from the bus is contemplated, and the student does not receive transportation as a related service, the school district does not have the same obligation to provide transportation service as it would for a student that does have transportation in his/her IEP as a related service.

No later than 10 business days after the decision is made to suspend a child with a disability who has already been suspended ten (10) school days but the subsequent suspension would not constitute a change in placement, or in situations involving weapons or drugs, the school district must convene an IEP team meeting to develop (or review) a behavioral intervention plan if the district has not already conducted a functional behavioral assessment and implemented a behavioral intervention plan for the child.

It should be noted that limitations in the regulations about the amount of time that a child can be removed from his or her current placement, which could include removal from transportation service, only come into play when schools are not able to work out an appropriate arrangement with the parents of the child who has violated a school code of conduct. In many cases, schools and parents are able to reach an agreement about how to respond to the child's behavior. Additionally, neither the statute nor the final regulations impose absolute limits on the number of days that a child can be removed from his current placement in a school year. School personnel have the ability to remove a child for short periods of time as long as the removal does not constitute a "change of placement". Written documentation of all changes and agreements should be included in the child's IEP.

All Overheads Produced by:
National Information Center for Children and Youth with Disabilities (NICHCY)
P.O. Box 1492
Washington, DC 20013
1-800-695-0285 (Voice/TTY)
(202) 884-8200 (Voice/TTY)
E-mail: nichcy@aed.org
http://www.nichcy.org

PJG: IDEA 97 - Explanation and Text for Training Overheads on the IDEA 97 Regulations (03-19-2000)