Recommended Do’s and Don’ts for Meeting the Challenges of Transporting Children with Disabilities
Meeting the daily challenges of transporting children with disabilities is real and
complex. These challenges are not new, but they are increasingly multifaceted. On top of the challenge list in many school districts is driver shortages, followed by the cost of transportation services. What can be overwhelming is the increase in competing priorities to safely transport children with disabilities.
The pressure resulting from how to accomplish safe transportation for these children can result in inadequate decision-making. Guided by the principles of safety, responsibility and entitlement under federal and state law it is imperative to aspire to respond to challenges for safe transportation of children with disabilities by timely addressing the “Do’s and Don’ts” under pressure. I am realizing more and more about the importance of knowing what is and is not required under the Individuals with Disabilities Education Act (IDEA).
In addition to federal law, it is critical to be well-versed about state law pertaining to the related service of transportation for eligible children under the IDEA. Under the
IDEA Part B regulations, transportation is defined as a related service that includes: “(i) Travel to and from school and between schools; (ii) Travel in and around school buildings; and (iii) Specialized equipment (such as special or adapted buses, lifts, and ramps), if required to provide special transportation for a child with a disability.” (34 CFR §300.34(c)(16).
At first glance, this IDEA definition appears clear. In reality, unique individual child transportation requirements necessitate extensive knowledge about the related service of transportation and its explicit requirements.
Understanding the role of the individualized education program (IEP) team’s responsibility under the IDEA to develop, approve and implement the related service transportation is essential. Approved transportation services should always be documented in the IEP to avoid misunderstandings and potential IDEA compliance violations. The IEP team meeting should always include all the qualified personnel necessary to make an informed decision, including the parent.
Don’t make unilateral transportation decisions without the attendance of all stakeholders that are required for implementing an IEP. The following is an example of a costly mistake that happened multiple times during my career. The IEP team, under pressure from a single parent, required that a child be picked up first and dropped off last.
This was solely based upon the parent’s work schedule and not the needs of her child, based upon their disability. Unknown to transportation, the IEP team approved the request. It was not feasible to implement but still approved and written into the child’s IEP. The parent emphatically stated her request was “required under the IDEA.” The IEP team was intimidated and believed her.
This IEP decision resulted in a hearing officers’ requirement for the school district to add a new route to implement the approved IEP service. Can you imagine the unintentional effect of this IEP team’s unilateral decision? Make sure that the IEP team is fully knowledgeable about the IDEA transportation related service requirements, and do not make a decision based upon false information.
Another example of a costly mistake is when a parent at an IEP meeting claims, citing IDEA, their child is required to be transported to after-school care 17 miles away from
their home address. The IEP team unwisely believes the parent and approves their request.
The lesson to be learned is don’t believe everything that a person says without knowing how the IDEA addresses a specific issue. Be knowledgeable about what state law says on a specific topic and how the school district’s policies and procedures address the issue. In the previous example, it is likely that if the school district transports children without disabilities to requested after-school care or daycare, the school district will also be required to do so for children with disabilities as a matter of equity. These are just two examples of challenges whereby poor decision-making resulted in an avoidable costly error.
It is essential to know federal and state laws pertaining to transportation service eligibility requirements for children with disabilities. It is wise to rethink in advance
how to best provide these transportation services for children with disabilities. Utilizing school transportation data can improve decision-making. Accessing all funding sources helps to offset costly transportation services. One example is billing Medicaid when it is an allowable transportation expense.
Communication and coordination between multiple school district departments is key to problem-solving. It is key to be knowledgeable and current about best practices and school transportation literature concerning safe transportation of children with disabilities.
Editor’s Note: As reprinted in the November 2024 issue of School Transportation News.
Linda F. Bluth, Ed.D. is a national compliance and regulatory expert on IDEA transportation law and provisions. She is a tenured faculty member of the TSD Conference, a regular STN contributor, and a Hall of Fame member of the National Association for Pupil Transportation.
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