HEADLINES
The Feds Seek to Clarify Transportation of Students with Disabilities, Part I
By Peggy A. Burns, Esq. When the Individuals with Disabilities Education Act (IDEA) was reautho-
rized in 2004, special educators and school lawyers awaited the publication of Regulations with bated breath. Te U.S. Department of Education (USDOE) issued the regs on Aug. 14, 2006, and those same special educators and school lawyers have worked hard to interpret them ever since. Now the Office of Spe- cial Education and Rehabilitative Services (OSERS), part of USDOE, has begun issuing a series of question and answer (Q&A) documents to clarify “a variety of high interest topics.”
On Nov. 9, 2009, OSERS issued its “infor-
mal guidance” about the U.S. Department of Education’s current thinking on the re- quirements for serving children with dis- abilities eligible for transportation. And, since even this guidance requires some additional comment, this article is just Part I of a report on this significant set of Q&As on school transportation for your special riders. My editorial comments are set apart from the OSERS’ information (“My comments”).
THE ROLE OF THE IEP: When transpor-
tation is a related service (because it is re- quired to assist a child with a disability to benefit from special education and related services), the IEP should describe the trans- portation services to be provided. Te IEP team determines not only “if” transporta- tion must be provided, but “how.” MY COMMENTS: Tis clearly means the
team should do more than merely “check the box,” and communicate to you that the child needs “special transportation.”
TRAVEL TRAINING: OSERS explains that
travel training is designed to allow “chil- dren with significant cognitive disabilities, and any other children with disabilities who require this instruction, to develop an awareness of the environment in which they live, and to learn the skills necessary
to move effectively and safely from place to place within that environment.” Both transportation and travel training should be considered by IEP teams as they do postsecondary transition planning for stu- dents with disabilities. MY COMMENTS: Tis fundamental
preparation for children with disabilities who may experience a measure of inde- pendent living after K-12 education is an educational component that is both sepa- rate from, and related to, school transpor- tation. School transportation profession- als and special educators with whom they work should strive to incorporate training for students (appropriate for their abili- ties) as to how they can help themselves in boarding and disembarking, and aspects of seating and behavior.
APPROPRIATE STRATEGIES: Among the
strategies OSERS mentions in connection with the provision of transportation as a related service are “positive behavioral support programs” that include the in- tegration of behavioral strategies on the bus. “Recognizing that the school day be- gins at the bus stop is an important first step to ensuring that all students have a safe and positive experience.” MY COMMENTS: Tis is a direct state-
ment about the meaningful connection between school transportation and stu-
20 School Transportation News Magazine January 2010
dent learning. I believe that OSERS’ com- ment confirms the importance of driver and attendant action when student-to- student harassment or other destructive behaviors take place.
IN ADDITION TO POSITIVE BEHAV-
IORAL SUPPORT, OSERS GIVES THE FOLLOWING EXAMPLES OF “HELPFUL” AND “APPROPRIATE” TRANSPORTATION STRATEGIES: • Expanding the ridership of small bus
routes and integrating children with disabilities into general education bus routes. While recognizing that door-to- door service in a small vehicle, separate from non-disabled students, may be appropriate for some children, OSERS encourages the exploration of “options for integrating children with disabilities with non-disabled students,” especially when they have location and schedule in common. • Using aides on buses. OSERS states
that the regular school bus can be a more viable option if a student has “support.” Te Office recommends looking to state or local policy to determine if instruction- al assistants, buddies or volunteers can be used as aides on the school bus. MY COMMENTS: Both these strate-
gies are clearly focused on the regular bus as the first option for a student with
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36 |
Page 37 |
Page 38 |
Page 39 |
Page 40 |
Page 41 |
Page 42 |
Page 43 |
Page 44 |
Page 45 |
Page 46 |
Page 47 |
Page 48 |
Page 49 |
Page 50 |
Page 51 |
Page 52 |
Page 53 |
Page 54 |
Page 55 |
Page 56 |
Page 57 |
Page 58 |
Page 59 |
Page 60