THOUGHT LEADER
Competing Challenges:
Weighing safety versus IDEA, Section 504 and Title II compliance requirements amid the school bus driver shortage Written By Linda F. Bluth, Ed.D.
T
his year, I have had multiple conversations with school district transportation and special education personnel regarding safety versus the Individuals with Disabilities Education Act
(IDEA), Section 504 of the Rehabilitation Act of 1973, and Title II compliance requirements. This led me to think more judiciously about the dilemma of safe transpor- tation amid these federal regulations faced by school districts across our nation. Clearly, the requirements for the provision of the re-
lated service transportation under multiple federal laws are not forgiving when a school district does not provide transportation services as documented on a student’s individualized education program (IEP) or Section 504 Plan. What are a school district’s options when weight- ing safe transportation services versus noncompliance for the failure to provide a student’s documented IEP or Section 504 transportation related service? This ques- tion is providing an exacerbating school transportation services predicament. I have often received requests for my opinion regard- ing this complex and challenging issue. In all instances, I have recommended that the directors of transportation and special education meet with their supervisors and request legal counsel be apprised of the serious dilemma of safety versus IDEA, Section 504 and Title II compli- ance. It is essential that the superintendent of schools be fully informed of these discussions to provide plausible solutions and actions. Personally, this is one challenge that I do not aspire to
serve in an advisory capacity. I have suggested that it is wasteful to list a cadre of excuses why IEP transporta- tion related services cannot be provided as required. It is imperative to review and analyze all potential solutions available to the school district for the remediation of children with disabilities transportation service failures. This should be done timely, efficiently and effectively. In reality, the lack of school bus drivers, attendants and other necessary transportation personnel will not serve as an acceptable justification for the failure to provide the related service transportation, documented on an
18 School Transportation News • SEPTEMBER 2022
individual child’s IEP. On March 24, U.S. Education Secretary Miguel Car-
dona provided in an eight-page letter addressed to educators and parents containing clear guidance to pri- oritize the needs of students with disabilities as society moves into a new phase of response to the COVID-19 pandemic. Distinctly, the message in this letter is summed up in the following paragraph. “It is important to remember that state and local educational agencies (SEAs and LEAs) are bound by federal laws, including Title II of the Americans with Disabilities Act of 1990 (ADA), Section 504 of the Rehabilitation Act of 1973 (Sec- tion 504), and the Individuals with Disabilities Education Act (IDEA) to ensure the inclusion of students with dis- abilities, including those experiencing Long COVID, in our nation’s schools.” When asked for guidance regarding the challenge of
providing safe transportation versus IDEA, Section 504 and Title II compliance requirements, I recommend taking inventory of issues and concerns regarding safe transportation for children with disabilities versus com- pliance requirements, and determining if the difficulties encountered are isolated incidences or systemic and on-going noncompliance. This is the first recommended step in developing a
corrective plan of action. I have no knowledge of school district personnel currently incarcerated for school trans- portation noncompliance under IDEA, Section 504 and Title II. That being said, I am not supporting or suggesting that the failure to correct noncompliance is acceptable or without conceivable consequences. IDEA, Section 504 and Title II noncompliance can result in a formal correc- tive action plan including federal or state oversight and the award of costly compensatory services for missed instruction and related services. Planning ahead to avoid noncompliance is an essential positive action. Respond timely, efficiently and effectively to school
bus driver shortages and other transportation personnel vacancies by taking a closer look into industry rec- ommended salaries and benefits. Diligently advocate for transportation personnel wages and benefits to be
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