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 Districts must identify and resolve most transportation issues through the date and information provided to the IEP team. The IE P 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 student can use the same transportation provided to non ‐ disabled children or whether the student 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 student with a disability is eligible for transportation because the student lives outside the established walking distance to the school. The IEP team shall consider the following: 1. Does the student 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 district has assigned the student different from the student’s neighborhood school and beyond the district’s distance eligibility criteria? 3. Is transportation required in order for the student t 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 student’s educational placement will take place within one building or if it requires
Chapter 5 – Supports and Services, Desert/Mountain SELPA As of 10/18/19 D/M SELPA Steering Committee Approval
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