BP 3541.2 — Transportation for Students with Disabilities
Section: 3000 - Business and Non-Instructional Operations
Status: Active
Adopted: 2017-11-14
Policy text
TRANSPORTATION FOR STUDENTS WITH DISABILITIES
The Governing Board desires to meet the transportation needs of students with disabilities to enable them to benefit from special education and related services. The district shall provide appropriate transportation services for a student with disabilities when the district is the student’s district of residence and the transportation services are required by their individualized education program (IEP) or Section 504 accommodation plan.
The specific needs of the student shall be the primary consideration when an IEP team is determining the student’s transportation needs. Considerations may include, but are not limited to, the student’s health needs, travel distances, physical accessibility and safety of streets and sidewalks, accessibility of public transportation systems, midday or other transportation needs, extended-year services, and, as necessary, implementation of a behavioral intervention plan.
The Superintendent or designee shall provide IEP teams with information about district transportation services in order to assist them in making decisions as to the mode, schedule, and location of transportation services that may be available to each student with disabilities. The IEP team may communicate with district transportation staff and/or invite transportation staff to attend IEP team meetings where the student’s transportation needs will be discussed.
Transportation services specified in a student’s IEP or Section 504 plan shall be provided at no cost to the student or their parent/guardian.
If a student whose IEP or accommodation plan specifies transportation needs is excluded from school bus transportation for any reason, such as suspension, expulsion, or other reason, the district shall provide alternative transportation at no cost to the student or parent/guardian.
When contracting with a nonpublic, nonsectarian school or agency to provide special education services, the Superintendent or designee shall ensure that the contract includes general administrative and financial agreements related to the provision of transportation services if specified in the student’s IEP.
The Superintendent or designee shall arrange transportation schedules so that students with disabilities do not spend an excessive amount of time on buses compared to other students.
Arrivals and departures shall not reduce the length of the school day for these students except as may be prescribed on an individual basis.
The Superintendent or designee shall ensure that any mobile seating devices used on district buses are compatible with bus securement systems required by 49 CFR 571.222.
As necessary, a student with disabilities may be accompanied on school transportation by a service animal, as defined in 28 CFR 35.104, including a specially trained guide dog, signal dog, or service dog.
When transportation is not specifically required by the IEP or Section 504 plan of a student with disabilities, the student shall be subject to the rules and policies regarding regular transportation offerings within the district.
Legal
EDUCATION CODE - EDC
39807.5 Payment of transportation cost
39839 Guide dogs, signal dogs, and service dogs on bus
41850-41854 Allowances for transportation
48300-48315 Alternative interdistrict attendance program
48915.5 Expulsion of students with exceptional needs
56040 No cost for special education and related services
56327 Assessment for special education and related services
56345 Individualized education program
56365-56366.1 Nonpublic nonsectarian schools or agencies
CIVIL CODE - CIV
CALIFORNIA CODE OF REGULATIONS
15243 Physically handicapped minors
UNITED STATES CODE
1400-1482 Individuals with Disabilities Education Act
794 Section 504 of the Rehabilitation Act of 1973
US DEPARTMENT OF JUSTICE
H.H.S. CIVIL RIGHTS
104.4 Equal opportunity under the Rehabilitation Act of 1973, Section 504
DISABILITY RIGHTS EDUCATION
300.1-300.818 Individuals with Disabilities Education Act, especially:
IDEA
300.34 Transportation defined as related service
CODE OF FEDERAL REGULATIONS