Special Education Transportation, even as long as I have been practicing, is confusing. The law is vague, and really gives the district a ton of flexibility. Whether a student is entitled to transportation, where the bus should pick up and drop off the student, and how long the student is allowed to be on the bus is not clearly defined.
The IDEA defines special education transportation as a related service. (34 C.F.R. § 300.34(c)(16)(2006).) In California, related services are called “designated instruction and services.” (Ed. Code, § 56363, sub. (a).) Designated instruction and services include transportation and developmental, corrective and other supportive services as may be required to assist the child in benefiting from special education. (20 U.S.C. § 1401(26)(A); Ed. Code, § 56363, subd. (a).) Education Code section 56040 provides that every individual with exceptional needs who is eligible to receive special education instruction and related services shall receive that instruction and those services at no cost to their parents or, as appropriate, to him or her. However, the IDEA requires transportation of a disabled child only to address their educational needs, not to accommodate a parent’s convenience or preference. (Fick v. Sioux Falls School District 49-5 (8th Cir. 2003) 337 F.3d 968, 970.)
What does this mean? Well, if the IEP team determines a student needs transportation to access their education they are required to provide it. But, as anybody in this field knows, when we say IEP team it is not really a team, we mean “district”.
So how do we try and get appropriate transportation for our students? We first have to start by making the request at an IEP meeting and clearly stating the reasons. Let’s say that a student cannot be on a bis for more that 45 minutes. If you ask the team, and they deny the request, the next stop is either your pediatrician or an independent assessment. You need to prove the reason for the request is rooted in the student’s disability. The same applies if a student needs door to door service. Most of the time when schools offer transportation they provide a bus stop that is a little bit away from the home. However, some student’s disabilities they require the bus to pick them up at their door. If the team is unwilling to do this, then again you have to get a professional to support the service.
The process can seem daunting, making sure you can support your request at an IEP team one of the most important parts of the process. With that, the district is less likely to deny transportation.
