California Education Code states, E.C. § 56040 (a) Every individual with exceptional needs who is eligible to receive special education instruction and related services under this part, shall receive that instruction and those services at no cost to his or her parents or, as appropriate, to him or her. A free appropriate public education shall be available to individuals with exceptional needs in accordance with Section 1412(a)(1) of Title 20 of the United States Code and Section 300.101 of Title 34 of the Code of Federal Regulations. Section A – Determining Eligibility and Least Restrictive Option: IEP Process Charter LEAs must identify and resolve most transportation issues through the date and information provided to the IEP team. The IEP team determines if the child is eligible for transportation as a related service. Although it is not necessary to include transportation staff in all IEP meetings, it is important to involve and/or invite appropriate transportation staff whenever there are unique or unusual circumstances regarding the child and his/her transportation needs. The IEP team must evaluate the need for transportation as a related service on an individual basis, providing the least restrictive environment (LRE). The IEP team must determine whether the child can use the same transportation provided to non ‐ disabled children or whether the child can get to school in the same manner as non ‐ disabled children. Transportation is considered necessary for a child to benefit from special education if, in its absence, a child with a disability would be denied a genuine opportunity for equitable participation in a special education program (See Donald B. v. Board of Sch. Commissioners of Mobile County, Ala., 26 IDELR 414 (11th Cir. 1997) ). Transportation is not a related service when a child with a disability is eligible for transportation because the child lives outside the established walking distance to the school. The IEP team shall consider the following: 1. Does the child require transportation in a manner different from his/her non ‐ disabled peers due to his/her disability? 2. Is the program location to which the Charter has assigned the child different from the child’s neighborhood school and beyond the Charter LEA’s distance eligibility criteria? 3. Is transportation required in order for the child to benefit from his/her specialized instruction? Section B – Transportation Options Transportation is appropriately discussed after an educational program (goals, services and placement) has been selected. The IEP team should have knowledge as to whether or not the entirety of the child’s educational placement will take place within one building or if it requires that the child move between various educational facilities throughout the school day. Additionally,
Chapter 22 – Supports and Services, Charter SELPA As of 10/17/2019 D/M Charter SELPA Steering Committee Approval
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