Legal Requirements for Transporting Students with Disabilities Federal Laws

1. Legal Requirements for Transporting Students with Disabilities Federal Laws Two federal statutes that address transportation services for students with disabilities: Individuals with Disabilities Education Act (IDEA) Section 504 of the Rehabilitation Act of 1973

2. Individuals with Disabilities Education Act (IDEA) • IDEA originated in mid-1970’s • Education of All Handicapped Children Act, Public Law 94-142. • The legislation was created to ensure that all students with disabilities had opportunities to access public education • Primary objectives include • the assurance that students with disabilities are provided the same access to public education in the same educational setting as their nondisabled peers to the maximum extent possible (least restrictive environment) • to assure that the educational services provided are appropriate to the student’s individual needs (free appropriate public education). School districts are required to implement special education programs, including “related services,” to students with disabilities without charge to parents or guardians.

3. Related Services • Transportation is one of many related services • It provides access to special education for a student with a disability • travel to and from school and between schools; • travel in and around school buildings; and • specialized equipment (such as special or adapted buses, lifts, and ramps), if required to provide special transportation for a child with a disability.”[34 CFR Section 300.24(b) (15)].

4. Section 504 of the Rehabilitation Act • A civil rights statute which provides that: “No otherwise qualified individual with handicaps in the United States shall, solely by reason of his/her handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance” (29 U.S.C. 794). • States that all eligible students with disabilities are entitled to a free, appropriate public education. • It also requires the facilities, services, and activities provided to the disabled be comparable to those provided to the nondisabled, and that students with disabilities must have an equal opportunity for participation in any nonacademic and extracurricular services and activities provided by a school district.

5. Florida State Laws and Rules • Rule 6A-3.0121, FAC, Responsibility of the School District and Parents for Students with Special Transportation Needs who are Transported at Public Expense • Responsibilities of the school • addresses safety measures • addresses training for bus operators and attendants • addresses the provision of information on each student’s special needs • Responsibilities required of parents • providing assistance and protection for their child to and from the bus stop • supervising their child at the bus stop in accordance with district policy • providing assistance for their child to get on and off the bus at the bus stop if their child needs assistance due to a physical impairment, if required by district policy. • Chapter 6A-6, FAC, is the chapter that addresses the special programs in the State of Florida, including the programs and procedures for exceptional students.

6. Exceptional Education programs and services could not take place effectively without school buses and well-informed and trained drivers and bus attendants.

7. exceptional student education programs • Intellectual Disability • Language Impairment • Other Health Impairment • Orthopedic Impairment • Specific Learning Disability • Speech Impairment • Traumatic Brain Injury • Visual Impairment • Autism Spectrum Disorder • Deaf or Hard-of-Hearing • Developmentally Delayed • Dual-Sensory Impairment • Emotional/Behavioral Disability • Established Conditions • Gifted • Homebound or Hospitalized

8. Challenges for the Bus Ride • Changes can be very upsetting for some students and drivers. • In sudden emergencies such as a bus fire, a student may resist evacuation • Communication may be a barrier (non-verbal, sign language) • Failure to stay seated, harassment, hitting and fighting, cursing, screaming • Inappropriate contact with other students, such as poking, slapping, teasing, name-calling, tripping, etc. • Show limited judgment • Students may have medical problems

9. Challenges for the Bus Ride • Specialized seating • Physical assistance • Specialized adaptive equipment such as wheelchairs, walkers, etc. • Following directions may be a problem • Difficulty understanding language • Dangerous behaviors (getting on or off the bus, running impulsively across the road, running away from staff on the bus) • Stimulating other students inappropriately • Impulse control

10. strategies • It is essential drivers and attendants are made aware of the individual needs of students they are transporting and are included in the planning process for dynamics of the ride. • It is important for drivers and attendants to become familiar each students’ primary mode of communication. • Drivers and attendants must understand each student’s specific health problem and implications for safety on the school bus. • An established daily routine and clear understanding of expectations can serve to minimize inappropriate behaviors. • Close supervision is essential to assure a safe ride. • A well-thought-out and regularly practiced evacuation plan is essential for this population. • Drivers and bus attendants should greet and acknowledge students daily. • When a student acts out or fails to follow expectations, drivers and attendants should avoid taking it personally or getting trapped in a conflict spiral or power struggle.

11. Contact Information • Susan Bentley • Program Specialist E/BD • FLDOE • Susan.bentley@fldoe.org • Cindy Lanzer • BCaBA, HRD Specialist • FDLRS/NEFEC • lanzerc@nefec.org