Presented at the:

7th Annual STN
Conference & Trade Show
July 29 - Aug. 2, 2000 * Reno, Nevada

Legal Developments in
Special Needs Transportation:
The Year-in-Review (1999)

Purpose: Sessions I and II

The purpose of these two presentations is to provide the audience with a reexamination of the legal developments in special needs transportation for students with disabilities over the past twenty-five years (1975-2000).

Part I provides a historical overview of special needs transportation prior to the passage of the Individuals with Disabilities Education Act (IDEA) Amendments of "1997".

Part II provides a comprehensive review of special needs case law and administrative decisions in 1999 and the first part of 2000. This review provides the transportation community with a preview of the challenges ahead in serving students with disabilities.

Part I

A Historical Overview of Special Needs Transportation Prior to the Passage of the Individuals With Disabilities Education Act (IDEA) Amendments Of "1997"

I. What transportation services did students with handicaps get prior to the passage of The Education for All Handicapped Children Act (Public Law 94-142)?

II. How much did Public Law 94-142 change service delivery across the nation?

III. What five memorable terms are still around in 2000?

IV. How much has the interpretation of the definition of the related service transportation changed in twenty-five years?

V. Peggy and Linda's Review of Lessons from the Past "A Word from the Feds"

Department of Education

EHA 1980: Smith EHLR, 211:191: Bus Stops
The decision whether to transport a child from home or a local bus stop must be made on an individual basis in the process of developing the IEP.

Office of Civil Rights (OCR)

OCR 1979: OSPR, 1/2/30, 133:07:
Extracurricular Activities
Handicapped children must be afforded the opportunity to engage in activities equal to those provided to non-handicapped children.

OCR 1983: Pittsburgh (PA) School District, 257:443:
Failure to Provide as Required
IEP instructional time may not be shortened.

OCR 1985: Anne Arundel County (MD) Public Schools, 257:639:
IEP Should Include Transportation
IEP must include transportation when it is necessary to address FAPE. The suspension of a student from the bus is the cessation of educational services.

OCR 1993: Kenai Peninsula (AK) Borough Sch. Dist., 20 IDELR 288:
Separate Transportation Must be Made on an Individual Basis
The decision of a school district to provide separate transportation for students with disabilities must be made on an individual basis which considers an individual student's needs. It must be determined whether the separate transportation for a student would ensure participation with other students to the maximum extent appropriate.

Office of Special Education Programs (OSEP)

OSEP 1989: Stohrer EHLR, 213:209:
Wheelchair May be a Related Service
The standard is whether it is required to assist the handicapped student to benefit from special education.

OSEP 1993: Letter to Anonymous 20 IDELR, 1155:
Lengthy Bus Ride to and from School May Be Discriminatory
A lengthy bus ride to and from school must comply with Part B requirements for transportation for students with disabilities. The school district's transportation provisions for students with disabilities may raise issues relating to section 504 of the Rehabilitation Act, which prohibits discrimination on the basis of disability.

OSEP 1995: Letter to Anonymous 23 IDELR, 832:
Need for Transportation is Determined by IEP Team
Under Part B, transportation will be provided as a related service to eligible students to assist a student with a disability who requires that related service in order to benefit from his special education program. The decision to provide the related service transportation must be made by the student's IEP team.

OSEP 1996: Letter to Hamilton 25 IDELR, 520:
When Transportation is a Required Related Service, District Can Not Demand Parents Supply and Receive Reimbursement
In an LEA where school districts do not provide transportation to the general student population but reimburse parents for supplying their own transportation, a school district is not discharged of its obligation to transport students with disabilities who need this service as a related service. Decisions must be made on a case by case basis. The district can request the parent to transport and receive reimbursement; however the district cannot require a parent to provide a related service.

Office of Special Education and Rehabilitative Services (OSERS)

OSERS l988: Cunningham EHLR, 213:125:
Transportation for Private School Students
Provision of transportation as a related service for private school children entitled to special education services from public school must be considered on a case-by-case basis.

Click here to continue to part 2