WASHINGTON, DC - In May 1995 the District of Columbia Public Schools wrote the Office of Special Education Programs in the U.S. Dept. of Education and requested clarification of its obligations to provide transportation to students with disabilities. The agency's response, while not federal law, clarifies the Clinton Administration's policy in this important area.
   Transportation is defined as a related service under Part B of the Individuals with Disabilities Education Act (IDEA). It is the only related service that is provided students outside a school building.
   Written by Dr. Thomas Hehir, OSEP director, the letter addresses each of the four concerns raised by DCPS. The letter is reproduced here in its entirety with only minor editorial notations to assist reader's understanding. Hehir's letter is addressed to Franklin L. Smith, Superintendent of the District of Columbia Public Schools.
   Dr. Linda Bluth offers her analysis of the OSEP guidelines.

Dear Dr. Smith:

   This is in response to your May 31, 1995 letter requesting clarification of the obligations of the District of Columbia students with disabilities. Your specific questions and the Department's response follow.

Q) Is transportation required for all students with disabilities?

A) Public agencies must provide transportation to disabled students in two situations. First, if a public agency provides transportation to the general student population to and from school, the public agency is responsible for providing transportation for disabled students, including providing transportation for a disabled student to any special education program in which it has placed the student.
   Second, if a public agency does not provide transportation to the general student population, the issue of transportation for students with disabilities must be decided on a case-by-case basis. If a public agency determines that a disabled student needs transportation to benefit from special education, it must be provided as a related service at the cost to the student and his or her parents.
   Under Part B of the Individuals with Disabilities Education Act (Part B), the term "related services" includes "transportation, and such developmental, corrective, and other supportive services as are required to assist a child with a disability to benefit from special education." 34 CFR 300.16 (a). Such transportation includes transportation to and from school and between schools, regardless of whether the school is located in or outside of DCPS; travel in and around school buildings; and specialized equipment. 34 CFR 300.16 (b) (14).
   In all instances, each student's need for transportation as a related service and the type of transportation to be provided are issues to be discussed and decided during the evaluation process and individualized education program (IEP) meeting, and the transportation arrangements agreed upon should be included in the disabled student's IEP. If the IEP team determines that transportation is a related service, including it in the IEP for a particular student because it is required to assist that student to benefit from special education, the public agency must provide transportation to the student at public expense.

Q) Is a school district required to provide tokens or monies to secure public transportation for students with disabilities when it does not provide the same for non-disabled students?

A) See our response to question 1 above. Accordingly, unless otherwise specified in the disabled student's IEP, transportation must be provided for disabled students under the same terms and conditions that it is provided for the general student population. Therefore, unless specified in their IEPs as a related service, DCPS is not required to provide tokens or monies for transportation to disabled students if it does not provide the same for nondisabled students.

Q) What is meant by "specialized transportation?"

A) The term "specialized transportation" is not used in the Part B regulations. Under 34 CFR 300.16 (b) (14), transportation includes "travel to and from school and travel 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 disability."
   We assume that you are inquiring about the meaning of "specialized equipment" in conjunction with DCPS's obligation to provide transportation as a related service to students with disabilities. Although the regulations provide examples of specialized equipment, the examples do not constitute an exhaustive list. DCPS is responsible for providing the equipment that is necessary to provide special transportation for a disabled student as designated in the student's IEP.

Q) If transportation is to be regarded in the same manner as other related services, are goals and objectives required on the IEP?

A) The annual goals and short-term instructional objectives in a disabled student's IEP must provide a mechanism for determining whether the totality of services provided pursuant to the student's IEP - including special education, related services, and supplementary aids and services - is appropriate to the student's unique needs. Whether goals and objectives are required in a student's IEP for transportation provided as a related service depends on the purpose of the transportation. If transportation is being provided solely to enable the student to travel to and from school, in and around school, and between schools, no goals or objectives are needed. If, however, instruction will be provided to enable the student to increase his or her independence or improve his or her behavior or socialization during travel, then goals and objectives must be included in the student's IEP to address the individual student's need to increase independence or improve behavior or socialization.

(sgn) Thomas Hehir, Director, Office of Special Education Programs