THOUGHT LEADER
Role of the Individualized Education Program Committee in School Transportation Vehicle Selection
Written by Linda F. Bluth Ed.D. I
t is crucial that Individualized Education Program (IEP) committees are familiar about the school dis- trict vehicles that are available to transport children with disabilities. This information is needed in
order to address the role of the IEP committee in school transportation vehicle selection. It is important that IEP committees are knowledgeable about appropriate vehi- cle selection decisions versus decisions that are within the discretion of the school district transportation office. A school district can comply with the Individuals
with Disabilities Education Act (IDEA) provision for the related service of transportation by utilizing a number of transportation options. These options include providing their own fleet of vehicles or contracting with private providers. Allowable transportation vehicle selection is not addressed in the IDEA. However, transportation vehicles used must be in compliance with federal and state regulations, and written school board policies and procedures. The role of the IEP committee in school transporta-
tion vehicle selection for children with disabilities is an important safety consideration. This subject should be discussed by informed school transportation and special education personnel and disseminated in writing to IEP committees. Historically, school transportation writings concern- ing children with disabilities provide guidance regarding the importance of the IEP committee in making in- formed transportation decisions. The U.S. Department of Education’s Office of Special Education Programs (OSEP) in 1995 clarified that transportation should be discussed during both the evaluation and the IEP pro- cess. School districts were apprised that the results of a child’s evaluation are essential in designing appropriate transportation programs for children with disabilities. (Letter to Smith, 23 IDELR 344, OSEP 1995). This letter further clarifies that it is the responsibility of a child’s IEP team to determine whether transportation is necessary for a child to receive a free appropriate public education (FAPE) and that the required transportation and supports
24 School Transportation News • JANUARY 2024
necessary be provided at no cost to the parents. However, this letter is silent on the matter of school transportation vehicle selection. Additional guidance is found in the Notice of Interpretation, IDEA 1999 regula- tions, Appendix A, Question 33. It states, “In determining whether to include transportation in a child’s IEP, and whether the child needs to receive transportation as a related service, it would be appropriate to have at the IEP meeting a person with expertise in that area ….” Once again, the regulations are silent on the topic of vehicle selection. The COVID-19 pandemic prompted quick consider-
ation for the extension of vehicle selection options for school districts that are in compliance with federal and state laws for transporting children with disabilities. As such, IEP committees immediately needed guidance about allowable safe transportation vehicle options. During and post-COVID, it was not atypical to receive requests for technical assistance regarding allowable school transportation vehicle selection decision criteria. I remind individuals requesting technical assistance
to consider the following factors in addition to exist- ing federal and state laws prior to approving a school transportation vehicle other than a yellow school bus: (1) the child’s age; (2) the child’s cognitive, intellectual, behavioral, communication, and independent mobility functional level; (3) the child’s required supervision; (4) required equipment; and (5) the impact of the child’s disability to ride safely in a specific type of vehicle, other than a yellow school bus. The list above does not include all potential circumstances. Another IEP com- mittee consideration in vehicle selection is meeting the least restrictive environment (LRE) mandate in the IDEA, meaning that to the maximum extent appropriate children with disabilities are integrated with non-dis- abled peers. An IEP committee cannot mandate or determine the
selection of the provider for transportation services, but it is within its authority to specify the type of transpor- tation, staffing needs and special equipment required.
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