Special Education Transportation

Helpful Links: 

El Dorado SELPAs Transportation Guidelines 

California Department of Education (CDE) Special Education Transportation Guidelines 

Legal Requirements Regarding Special Education Transportation 

Education Code Section 56040(a) states 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 parents1 or, as appropriate, to them. “Related services” refers to transportation and such developmental, corrective, and other supportive services required to assist a student with a disability to benefit from special education [34 CFR 300.34(a)]. Transportation as a related service includes travel to and from school and 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 student with a disability [34 CFR 300.34(c)(16i‐iii)]. 

LEAs/districts should not automatically assign students to transportation based on the students' disability without considering the student’s individual needs and the continuum of placements [Hopkinton (MA) Pub. Schs., 108 LRP 41626 (OCR 2007)]. 

For students with medical needs, 34 CFR 300.34(a)(ii) limits the responsibility of a public agency to appropriately monitor and maintain medical devices that are needed to maintain the health and safety of the student, including breathing, nutrition, or operation of other bodily functions, while being transported to and from school. 

Length of School Day, Related Services, Extracurricular Events 

The use of alternative starting times for all special education students at a site can lead to program compliance concerns. Students receiving special education and related services must be provided with an educational program in accordance with their Individualized Education Program (IEP) for at least the same length of time as the regular school day for their chronological peer group unless otherwise stated in a student's IEP. If a student is temporarily placed on a shortened day due to an IEP team decision, the LEA/district is required to offer transportation to the student to accommodate their modified schedule if that student is otherwise eligible for special education transportation.  

In addition, there may be occasions where the needs of the student require services that cannot be provided during the "established" school day. If it is determined by an IEP team that a student requires services outside the typical school day, the team must also consider whether transportation to and from the service is required. If provisions for "early" or "late" transportation are made for students within the general education program due to extracurricular events, provisions for equal opportunity to these events for students with exceptional needs who require special transportation must also be made. 

Transportation in IEPs 

It is the responsibility of the IEP team to determine whether transportation is required to assist a student with a disability to benefit from special education and related services, as well as how the transportation services should be implemented. Parent participation in the IEP process, including decisions relating to the least restrictive environment for transportation, is required. Denial of parent participation may result in a procedural violation that results in substantive harm to the student. 

The IEP document should describe the transportation services to be provided, including transportation to enable a student with disabilities an equal opportunity to participate in nonacademic and extracurricular activities to the maximum extent appropriate. The Individuals with Disabilities Education Act’s (IDEA's) Least Restrictive Environment (LRE) mandate applies to all aspects of special education and related services, including the provision of transportation services. According to the comments and discussion preamble to the 2006 IDEA Part B regulations, the Education Department stated: "It is assumed that most children with disabilities will receive the same transportation provided to nondisabled children, consistent with the LRE requirements in 34 CFR 300.114 through 34 CFR 300.120 unless the IEP team determines otherwise.” LEAs/districts should start with the presumption that a student with a disability will access transportation services with nondisabled peers as long as such transportation is appropriate to meet the student's educational needs.  

It is important to remember that all students, including those receiving special education instruction and services, are subject to the rules and policies governing regular transportation offerings within the LEA/district unless the specific needs of the eligible student or the location of the special education program/service dictate that special education transportation is required.

Transportation Options 

The IEP must clearly specify how the student’s transportation needs will be met. Regarding transportation as a related service, it is recommended that services be described in sufficient detail to inform the parties of:  

  • How, when and from/to where the transportation will be provided  
  • When arrangements for the reimbursement of parents are required, the amount and frequency of reimbursement.  

Transportation options may include, but not be limited to, walking, riding the regular school bus, utilizing available public transportation (any out‐of‐pocket costs to the student or parents are reimbursed by the LEA/district), riding a special bus from a pick-up point, and portal‐to‐portal special education transportation via school bus, taxi, reimbursed parent's driving with a parent's voluntary participation, or other modes as determined by the IEP team. The student's specific needs must be the primary consideration when determining transportation services. 

If a student with a disability is found eligible for specialized transportation and parents voluntarily elect to arrange for their own transportation, it is advisable that the LEA/District document this decision in the IEP. Thorough documentation of this arrangement should include the following information: 

  • That the student is entitled to transportation; 
  • That parents are knowledgeable about their special education rights; 
  • That parents prefer to provide their own transportation without the involvement of the LE/district; and 
  • An explanation of how the reimbursement will be calculated. 

The school also may seek to include a waiver of liability for injuries that result from parents using their own methods of transportation and attempt to obtain parents' signature to give legal effect to these provisions. 

The IDEA does not specify the type of vehicles to be used for students with disabilities or the nature of the specialized equipment that is appropriate. Choice and type of equipment is determined by the IEP team. If decisions regarding these aspects of transportation will have an impact on the health, safety, welfare of the student, or the educational program provided to the student, then parental input into these decisions may be required. Safety is only one of many relevant considerations when deciding the appropriate equipment for transporting a student with a disability. The following criteria should also be met in selecting assistive devices: 

  • Functional assistance 
  • Whether an excessive amount of equipment is involved 
  • Normalcy of the student's appearance in using the device 
  • Family's acceptance of the device 
  • Student's acceptance of the device 

While the student's IEP can specify the type of transportation or special equipment required, it may not mandate the selection of the company that will perform the service. Even in situations justifying parental leverage over the mode of transportation and types of equipment to be used in transporting a student with a disability, parents generally cannot compel the use of a specific brand of vehicles or equipment, unless the device in dispute is the only one of its kind on the market and no substitutes would be reasonable under the circumstances. LEAs/districts generally have discretion in selecting the item to fit necessary specifications and criteria, provided the LEA’s/district's choices are equally as suitable as parental preferences. 

Participation of Transportation Personnel and Administrators/Designees in IEPs

Effective practice requires that procedures are developed for communication with transportation personnel and that transportation staff are present at IEP team meetings when: 

  • Student needs the use of adaptive or assistive equipment 
  • School bus equipment is required to be modified 
  • Student exhibits severe behavioral difficulties, and a Behavior Intervention Plan (BIP) is to be implemented 
  • Student is medically fragile and requires special assistance
  • Student has other unique needs 

It is often beneficial to have transportation staff present at IEP team meetings for planning, problem-solving, and communication, even if the above-mentioned conditions are not met. The LEA/district will to determine when it may be beneficial to have transportation staff attend the IEP meeting.  

In order to facilitate consideration of transportation options in the LRE, It is recommended that administrative designees and case managers be familiar with the transportation options available prior to attending IEP meetings at which transportation may be identified as a necessary related service. An LEA/district may need to conduct research to identify transportation options available to serve students. 

Special Education Transportation Evaluation 

Districts must evaluate the student's transportation needs prior to determining what services to provide. LEAs/districts should keep in mind that, in many instances, the results of the evaluation will be essential in designing appropriate transportation programs for students. For example, findings about motor skills, communication abilities, health, vision, and hearing are not only important in the classroom, but they also can impact the student's ability to access transportation and may present unique needs that do not arise among the general student population. Medical evaluations of transportation needs may be necessary for some students with medically fragile needs. 

While some transportation requirements will remain constant, others may change in direct response to a student's needs or other circumstances unrelated to the student's disability. LEAs/Districts must stay responsive to such developments as they arise. Evaluation is also important when considering changes in an existing transportation program. While the student need not be observed on the school bus or other form of transportation, LESs/districts have found observation to be extremely helpful in gauging the student's needs. 

Key Considerations When Determining Need for Transportation  

The case‐by‐case determination of students' eligibility for transportation should include consideration of a student's mobility, behavior, communication skills, physical needs, age, ability to follow directions, the distance the student will have to travel, the nature of the area, and the availability of private or public assistance. 

Factors that may contribute to the consideration of special education transportation may include, but are not limited to: 

  • Medical diagnosis and health needs: consideration of whether long bus rides could affect a student's health (duration, temperature control, need for services, health emergencies); general ability and/or strength to ambulate/wheel; approximate distance from the school or the distance needed to walk or wheel oneself to the school; consideration of student needs in inclement weather.
  • Physical accessibility of curbs, sidewalks, streets, and public transportation systems.
  • Consideration of a student's ability to arrive at school on time, to avoid getting lost, to avoid dangerous traffic situations, and avoid other potentially dangerous or exploitative situations on the way to and from school.
  • Behavioral Intervention Plans (BIP) specified by the student's IEP and consideration of how to implement such plans while a student is being transported.
  • Mid‐day or other transportation needs as required on a student's IEP (occupational or physical therapy or mental health services at another site, community-based classes, etc.) must also be taken into consideration when the IEP team discusses a student's placement and transportation needs.
  • Extended school year services should be another consideration of a student’s need for transportation if considered necessary to provide a free appropriate public education as specified in a student’s IEP. 

IEP Goals and Services to Increase Transportation Independence 

The determination as to whether goals and objectives addressing transportation are required in a student's IEP depends upon the purpose of the transportation. If transportation is being provided solely to enable the student to attend school, no goals or objectives may be needed. However, if transportation is provided for some other purpose related to the student's education and the student receives instruction during the provision of the related service, then goals and objectives must be provided. For instance, if services are being provided to increase a student’s independence while in transit, goals and objectives would be necessary. When developing specific IEP goals and objectives related to the student's use of transportation, the IEP team may wish to consider a blend of transportation services as the student's needs evolve. Students may require ongoing assessment and refinement of IEP goals as transportation skills increase. 

The 2006 IDEA Part B regulations continue the requirement of travel training for some students. Travel training is "instruction, as appropriate, to children with significant cognitive disabilities, and any other children with disabilities who require this instruction, to enable them to: 

  • Develop an awareness of the environment in which they live; and 
  • Learn the skills necessary to move effectively and safely from place to place within that environment (e.g., in school, in the home, at work, and in the community.” 

The IEP team may wish to consider the travel training needs of some students for whom transportation is being considered as a related service. 

Bus Suspension 

Occasionally, students receiving special education services are suspended from bus transportation. The suspension of a student receiving special education services from transportation can constitute a significant change of placement if the LEA/district: 

  • Has been transporting the student;
  • Suspends the student from transportation as a disciplinary measure; and
  • Does not provide another mode of transportation. 

A significant change in placement requires a meeting of the IEP team to review the student's IEP. 

An alternative form of transportation must be provided if transportation is specified in the student's IEP. During the period of any exclusion from bus transportation, students must be provided with an alternative form of transportation at no cost to the student or parent to ensure access to the required special education instruction and related services.

1 The term "parent" refers to a natural parent, adopted parent, or legal guardian (EDC §49061). Any rights afforded to the parent are transferred to the adult student when they reach the age of majority (age 18), except when a student with a disability has been deemed unable to make their own educational decisions under California Law.