34 C.F.R. § 300.107 . The State must ensure the following: (a) Each public agency must take steps, including the provision of supplementary aids and services determined appropriate and necessary by the child’s IEP Team, to provide nonacademic and extracurricular services and activities in the manner necessary to afford children with disabilities and equal opportunity for participation in those services and activities. (b) Nonacademic and extracurricular services and activities may include counseling services, athletics, transportation, health services, recreational activities, special interest groups or clubs sponsored by the public agency, referrals to agencies that provide assistance to individuals with disabilities, and employment by the public agency and assistance in making outside employment available. The Office of Special Education and Rehabilitation Services (OSERS) has stated that a student’s right to transportation to and from school-related activities that occur outside of normal school hours depends on whether the IEP team has determined that the student needs transportation to benefit from special education and related services (OSERS, 2009). Section H – Suspension from the Bus When a student receiving special education services is suspended from bus transportation (E.C. §§ 48900 - 48900.7) , the suspension can constitute a significant change in placement if the district: a. Has been transporting the student b. Suspends the student from transportation as a disciplinary measure c. Does not provide another mode of transportation (OCR, Letter of Finding Complaint No. 04-89-1286, Dec. 8, 1989). A significant change in placement requires the IEP team to meet and review 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 in order to be assured of having access to the required special education instruction and services (E.C. § 48915.5) . Section I – Periodic Evaluation of Transportation Need The IDEA specifies that IEPs must be reviewed periodically and, at the minimum, annually. As a component of the IEP, the same is true of transportation provisions. This means that school districts must consider transportation at the annual IEP meeting as well as other times during the year when necessary.
Chapter 5 – Supports and Services, Desert/Mountain SELPA As of 10/18/19 D/M SELPA Steering Committee Approval
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