Most children in this country are required to attend school, and generally, how they get there is a matter of school district policy. There is no requirement that schools provide all children with transportation, and many schools, especially those in urban areas, do not provide transportation to their students. However, children with disabilities often have unique concerns that do not allow them to get to school as safely or as easily as their peers. And as schools continue to tighten their budgets, transportation often becomes a target for cut-backs.

Who is entitled to transportation?
While not all children are entitled to transportation to school, some children with disabilities have an entitlement to transportation under the Individuals with Disabilities Education Act (IDEA). If a school district provides transportation to general education students, then a special education student must be given transportation as well. However, if a local district has chosen to not provide transportation to its children (as is the situation in many Cleveland-area schools), special needs students are entitled to transportation under federal law if the child’s disability makes it problematic for him to get to school in the same manner as nondisabled students. The District must provide transportation as a related service to the special education program. The service should be given to the extent needed by the child to benefit from his or her educational program.
Eligibility for transportation is determined on a case-by-case basis. The decision is based on the needs of the student, considering the student’s disability and the extent to which the disability impacts the ability of the child to get to school in the same manner as his or her peers. The decision may not be based on convenience factors and the school district may not unilaterally satisfy this obligation by requiring parents to provide transportation and then subsequently reimbursing them the cost of the services.

There are four main instances in which a school district is required to provide transportation to disabled students. They are:

A district is also required to provide transportation to some private school students. If a district is providing special education services to the child, and transportation is required for the child to receive benefit from the services, then the district must provide transportation to those services. A typical example is where the local school district is providing speech or occupational therapy to a disabled child who is otherwise being educated at a private school. Courts have held that the district must provide the transportation necessary for the child to benefit from his or her special education services.

How far must the District go to provide transportation between the home and the school?
When a disabled child has been deemed eligible for transportation services, issues concerning drop-off and pick-up of the child must be discussed and incorporated into the child’s IEP. All determinations regarding the extent of the transportation services must be made by the IEP team, keeping the individual needs and abilities of the student in mind.
The IEP team should decide if the child can be picked-up and dropped-off at a regular bus stop or if the child should be transported to his home. If the child must be transported to and from his home, the team needs to determine if the child can be transferred at the curb of the home or if he needs to be transferred at the home’s front door. Most courts have determined that the duty of the school ends at the front door of the home and that the district is not responsible for ensuring that the child is transported over the threshold of the home. However, in extreme cases where the child would otherwise not benefit from his educational program, an argument can be made that the district should provide this service.

Finally, unmaintained roads and severe weather are a problem in Northeast Ohio. The duties of the district are mitigated by these often temporary and understandable situations. However, IEP arrangements should be made with these concerns in mind. For example, a child in a wheelchair may be able to easily reach the bus stop on most occasions, but could encounter significant difficulty after a snowfall. This issue should be considered when making transportation arrangements.

What is included as “transportation”?
The actual ride between home and school is only the starting point for transportation discussions. Often, additional questions arise and must be considered in order to appropriately provide the disabled child this related service.
First, how should the transportation be provided? The principle of “least restrictive environment” applies to all services received by a disabled child. It means that a disabled child should be transported with nondisabled children to the extent that it is appropriate to do so. Factors which should be considered include the nature and extent of the child’s disability, safety concerns, and the types of transportation available.

Second, the need for specialized equipment or personnel to assist the child during transportation should be determined. Devices such as safety harnesses, comfort implements and emergency equipment should be discussed in accordance with the disabilities of the individual child. Additionally, a transportation aide may be needed in order to transport the child safely or to ensure that transportation-related goals and objectives in the IEP are satisfied. If a disabled child is in need of assistance in the classroom, there is a likelihood that he or she will need an aide during transportation as well. It is also the duty of the district to administer medical services, to the same extent that it would assist during the school day, if it appears that a child may need basic medical assistance during transport.

Finally, what type of transportation is needed in and around the school buildings? The duty to provide transportation does not end at the door of the school. If the child’s disability is such that he needs assistance with mobility throughout the school day in order to benefit from his education program, then the district must make provisions for his movement in the school as well. Often, this issue is highlighted as the student moves between classes, into the school lunchroom or auditorium, or is relocated for related services such as speech or occupational therapy.

How should this decision be made and recorded in the IEP?
Like all decisions affecting a disabled child’s education, transportation arrangements should be made at an IEP meeting by the IEP team. The provisions addressing transportation should be delineated specifically and completely in the terms of the IEP.
Vicki M. Pitasky, an attorney writing for the Individuals with Disabilities Law Report, recommends that the IEP set forth the following items: the type of vehicle to be used in transportation, any specific equipment used in conjunction with the vehicle (any specialized or adaptive equipment), specific circumstances under which transportation is to be provided (normal school hours, off-campus educational components, early or after-school instruction), the nature and extent of the transportation (where the child is picked-up/dropped-off), personnel needed to assist in transportation (aides, monitors, health care personnel), and any transportation goals and objectives if transportation has an independent purpose beyond access to education.

Typically left to the school’s discretion are many items. Things such as the specific vehicle or mode of transportation, safety equipment, bus routes, and bus stops are left to the sound judgment of the district unless such issues impact on the needs of the child. The district is charged with the obligation of considering generally acceptable practices and safety considerations.

Transportation may be one of the most overlooked related services covered by IDEA, especially in those districts that do not generally provide transportation to students. As equal members of the IEP team, parents should feel comfortable initiating a discussion about this provision if they feel their child needs the service. The best advocate for a disabled child is a parent armed with information about both the child’s disability and his legal rights.

- Nessa G. Siegel, Esq. and Kerry M. Akins. Copyright 2000