THOUGHT LEADER
Strategies Recommended for Safe Transportation of Students With Disabilities During, After Pandemic
Written By Linda Bluth, Ed.D. O
n March 24, Secretary of Education Miguel Cardona released an eight-page letter to educators and parents addressing the return of students to school in person. The pur-
pose of this communication was to provide updates and resources to assist schools in mitigating the spread of COVID-19 and ensuring, to the maximum extent feasi- ble, that learning takes place in person. “This letter addresses the needs of students with dis-
abilities as we move into a new phase in our response to the pandemic,” Cardona writes. After carefully reading this letter, it became clear that this information needed to be shared with school district transportation personnel responsible for transporting students with disabilities. This letter captured in a single document invaluable Centers for Disease Control and Prevention (CDC) references and the latest data available, providing a framework for informed decision-making for the return of students with disabilities to school for in person learning. Cardona emphasizes that the U.S. Department of
Education is committed to ensuring that students with disabilities are afforded the services entitled under three federal laws. It is stated that, “It is important to remember that state and local educational agencies (SEAs and LEAs) are bound by federal laws, including Title II of the Ameri- cans with Disabilities Act of 1990 (ADA), Section 504 of the Rehabilitation Act of 1973 (Section 504), and the Individ- uals with Disabilities Education Act (IDEA), to ensure the inclusion of students with disabilities, including those experiencing Long COVID, in our nation’s schools.” The ability to fully comply with these three federal
laws requires that transportation personnel be invited to participate in applicable discussions regarding the provision of a free appropriate public education (FAPE) in the least restrictive environment (LRE) for students with disabilities entitled to receive the related service transportation as a part of a student’s Individualized Education Program (IEP) under the IDEA or a Section 504 transportation plan. To do so correctly necessitates
14 School Transportation News • JUNE 2022
the involvement of transportation personnel prior to a school district implementing transportation services for students with disabilities. The Department of Educa- tion’s letter places emphasis on students who are at risk because of school-health related concerns. This includes children requiring IEP specialized transportation ser- vices. The secretary’s letter highlights the necessity for “Leveraging the IEP or Section 504 processes to ensure protections are in place to protect in-person learning.” As a strategy to keep school communities safe, Car-
dona expresses that, “Based on the latest data in areas where the COVID-19 Community Level is high, CDC recommends universal masking for schools, preschool and early intervention settings, and on school buses and vans.” This statement reinforced the IEP team’s responsibility for addressing on a case-by-case basis the individual needs of students with disabilities with a higher risk for serious illness. Clearly, school districts are obligated to ensure appropriate preventive strategies to safeguard the provision of FAPE and assure implementa- tion of appropriate federal nondiscrimination practices. School districts are required to implement trans-
portation modifications for an individual student with disabilities under federal law and protect these students from harm, including bullying and harassment. Unfor- tunately, unforeseen complications occur when required communication is absent. Recently, I was asked to assist a family whose child
wore a mask while riding on a regular route, to address specialized health concerns. The driver required the stu- dent to remove the mask, resulting in bullying by peers. The recommendation by the IEP team to wear a mask was never shared with transportation office personnel. Unfortunately, transportation personnel and the driver were never informed about this student’s special needs. Multiple preemptive steps could have taken place to pre- vent this unfortunate incident from occurring. As school transportation personnel move into this “new phase” of pandemic response, make sure to stay in- formed about critical areas relating to safe transportation
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