DC SPECIAL EDUCATION CO-OPERATIVE
Helping DC Charter Schools Develop High-Quality
Special Education Programs
SPECIAL EDUCATION POLICY BRIEF
Policy: Proposed Special Education Transportation Policy
Issuing Agency: OSSE
Status: PROPOSED
Policy Summary:
The policy defines transportation as a related service that includes: travel to and from school and between schools; travel in and around school buildings; and specialized equipment such as special or adapted vehicles, lifts and ramps. Services must be provided in accordance with the IEP and at no cost to the parent.
¨ IEP teams are responsible for determining whether transportation service is required for a student to receive FAPE and how it should be implemented at least once annually.
¨ It’s inappropriate to designate transportation services for the primary purpose of facilitating daily attendance or mitigating the increased distance between a student’s residence and a school location which results from non-FAPE related parent choice.
¨ The IEP team shall find that the student meets the requirements under at least one eligibility category before determining eligibility for transportation services.
¨ For all transportation eligibility determinations, LEAs shall review current data from the past year, provide a written justification for its determination within the student’s IEP, and upload all supporting documentation into SEDS within 5 business days of the determination.
¨ Eligibility Category 1: Medical Fragile Students (MFS) Requiring Transportation to Access FAPE
o Medically fragile applies to students who cannot travel safely without a specialized or adapted vehicle due to a documented medical condition.
o Not all students with medical conditions are eligible. The IEP team shall review the medical history and assess the impact of the condition on the student’s ability to travel safely by considering several factors. (see policy p. 3)
¨ Eligibility Category 2: Students Requiring Structured Transportation Supports (STS) to Access FAPE
o Students with intellectual/cognitive, emotional, sensory/communication, or physical needs significant enough to prevent safe travel without structured transportation supports may be eligible.
o The team shall review the student’s most recent functional assessment and evaluation data and consider several factors (see policy p. 4)
¨ Eligibility Category 3: Students Accessing a Specialized Program (ASP)
o Students may be eligible for transportation if they are traveling to a school site for the purpose of accessing a specialized program due to IEP team placement decision.
o Students who attend a school or program for non-FAPE reasons (parent choice, out of boundary lottery, etc.) are not eligible under the ASP category.
¨ Travel Training is specialized instruction that enables students with disabilities who require this instruction to develop an awareness of the environment in which they live and to learn the skills necessary to move effectively and safely from place to place. Travel training and transportation shall be considered by IEP teams when they plan for postsecondary transition needs.
¨ Transportation services ordered by Court Order/Hearing Officer Determinations fall outside of the eligibility framework.
o LEAs are responsible for monitoring court orders/HODs
o If the court order/HOD does not include effective dates, the IEP team’s responsibility to determine transportation eligibility on an annual basis resumes after on full year of court order/HOD implementation. Once the court order/HOD expires, the IEP team shall use OSSE’s transportation eligibility framework to determine continued eligibility.
o LEAs are responsible for reimbursement costs that arise out of court orders or HODs that determine that the LEA has failed in its obligation to provide FAPE.
¨ LEAs must include OSSE-DOT in all settlement agreement meetings that involve potential designation of transportation services. LEAs are responsible for costs related to transportation services agreed to by the LEA without written consent from OSSE-DOT. In cases where parties agree that parent should be reimbursed for transportation costs related to an LEA’s violation of FAPE, LEAs are responsible for these costs.
¨ Discontinuation of transport for Safety - OSSE-DOT reserves the right to refuse to transport a student on the basis of health or safety concerns. OSSE-DOT shall provide written notification to the LEA for the basis of it’s refusal. LEAs have the obligation to convene the IEP team and discuss or address the concerns. LEA is responsible for making an providing instructional options during the interim period.
¨ Discontinuation of transport for chronic student absence – OSSE-DOT will contact the LEA and parents in writing after 3 consecutive absences. LEAs are responsible for communicating with parents to resolve student rider absence issues and if appropriate, convene the IEP team to address issues of truancy or related services concerns.
¨ OSSE-DOT may revoke bus services for repeated misconduct. In such cases, OSSE-DOT will send a same-day notice to the LEA and parent. LEAs are responsible for convening the IEP team to review the IEP and address the behavior. DOT will provide alternative transportation in the form of parent reimbursement in any case of revocation that lasts longer than 10 consecutive school days or 10 cumulative school days in a school year. In cases of extreme infractions DOT may revoke bus services for the remainder of the year.
¨ OSSE will provide 1 round trip from each students DC residence (address must match address used to establish residency) to the students attending school per day. OSSE-DOT will not change a student route to accommodate personal reasons. Parents are responsible for making their own arrangements for pick/up or drop/off at locations other than the address on file.
¨ Students eligible under MFS or STS or students 12 years or younger shall be accompanied by an adult at pick-up and drop-off times. Students over age 12 may be dropped off at parents’ residence without an adult present if parent submits written permission.
¨ OSSE-DOT provides transportation for eligible students to activities that are necessary for the provision of FAPE as specified in the IEP. LEAs are responsible for transportation after school hours subject to reimbursement from OSSE-DOT.
¨ OSSE-DOT will not process or initiate transportation until all of the required documentation is uploaded into DOT’s data system. Forms must be completed accurately and submitted at least 7 business days before the first day of school. Forms received with less than 7 days notice will be processed on a rolling basis starting on the 3rd day of school. LEAs will receive a final roster 5 days before the start of school. LEAs are responsible for informing parents of expected start date for transportation beginning after the first day of school. LEAs are responsible for any expenses that result from failure to submit documentation in a timely manner.
¨ Parents may be reimbursed if they choose to transport their child and have prior OSSE-DOT approval.
¨ LEAs must certify special education transportation services for students twice a year. For ESY, certification must be no later than the first Monday in May. For the upcoming school year, certification must be no later than the first Monday in June of the current school year. Certification is an LEA responsibility; nonpublic schools may not submit on behalf of an LEA. An LEA that fails to properly or timely certify shall be responsible for transportation costs until the LEA completes certification.
Impact on LEAs:
¨ Students can only be dropped off and picked up at a single address. This may impact parents who have other childcare arrangements or shared custody.
¨ LEAs have firm deadlines for submitting documentation that can affect student’s access to transportation. If deadlines are missed, LEAs may be responsible for any costs incurred as a result of the delay in transportation.
¨ Nonpublic school may not submit certification of transportation on an LEA’s behalf.
¨ OSSE-DOT may revoke or discontinue bus services due to concerns with safety, misconduct, or repeated absence. LEAs are responsible for convening the IEP team to address issues in these cases.
¨ LEAs must include OSSE in all settlement agreement meetings that involve transportation.
Action Items for LEAs:
¨ Read the full policy and discuss with relevant team members.
¨ Develop procedures for communicating with parents and obtaining required documentation for certification.
¨ Inform parents of changes in the policy that may affect their schedule and routines.
¨ Develop/review procedures for obtaining necessary information from nonpublic schools if you have students placed out of your LEA.
¨ Review HODs that include transportation to determine when court ordered transportation ends and the LEA’s timeline for considering student eligibility under the OSSE policy.
DC Special Education Co-operative | 1488 Newton Street, NW #2 |
Washington, DC 20010 | ph. 202.903.6883 | fx. 202.232.2288 | www.specialedcoop.org