Procedure – Category 5000 (Students)
AR 5005.3 – Transportation Guidelines
where-to-where transportation will be provided and, where arrangements for the reimbursement of parents is required, the amount and frequency of reimbursement). Failure to specify transportation provisions in the terms of an IEP is considered a procedural violation of the IDEA.
IDEA defines transportation as,
34 C.F.R. § 300.34(c) (16) Transportation includes:
(i) Travel to and from school and between schools; (ii) Travel in and around school buildings; and (iii) Specialized equipment (such as special or adapted buses, lifts, and ramps), if required to provide special transportation for a child with a disability [§ 300.34(c)(17)]
California Education Code states,
California Education Code § 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.
2.0 Determining Eligibility and Least Restrictive Environment Option: IEP Process
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) ).
AR 5005.3 – Transportation Guidelines
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Desert Mountain Special Education Local Plan Area (DMSELPA) (rev. 03/13)
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