La. Admin. Code tit. 28 § CXIII-2103

Current through Register Vol. 50, No. 11, November 20, 2024

Section CXIII-2103 - Guidelines for Providing Transportation Service for Students with Disabilities

A. LEAs must comply with IDEA, Section 504, Louisiana Statutes and regulations and policies set forth in the DOE bulletins governing educational services for students with disabilities.

B. LEA transportation staff must develop procedures to minimize conflicts and resolve issues that may arise in transporting students requiring additional services.

C. LEAs must provide school bus service for students with disabilities as indicated in the student's IEP. The IEP may specify "curb-to-curb" or "door-to-door" services. When alternative modes of transportation are required, approval must be granted by the special education supervisor and LEA transportation authority. Alternative arrangements must be stated in the IEP.

1. The term "curb-to-curb" implies that bus drivers and bus attendants are responsible for loading and unloading students at their home bus stops and at school loading/unloading areas. The term "door-to-door" implies that the bus driver and or bus attendant are responsible for loading and unloading students at that door and at school loading/unloading areas. This related service does not extend to the interior of the student's home.

2. In determining whether to include transportation in a student's IEP, the IEP team must consider how the student's disability affects the student need for transportation. Factors include: the student's ability to move independently, ability to reason and understand potential safety hazards en route to the bus stop as a result of the student's age or disability, nature and condition of the route, availability of public assistance, and access to private assistance.

3. If a student with a disability can use the same transportation as non-disabled students, then transportation is not likely to be a related service and the LEA may make the same transportation provisions for the student with a disability that it does for the general population.

4. Students with disabilities may not have transportation schedules which differ from non-disabled students. Students with disabilities must be transported on a schedule which allows them to receive a full instructional das as documented on the IEP.

5. Certain students may be picked up at a safe bus stop near (e.g., at the corner of) their residences. Alternate arrangements can be made that are mutually agreeable to all parties, but must be handled on an individual basis and indicated in the IEP.

6. Parents must request approval from the school and the school bus driver when the child is going to be picked up or dropped off at a location different from the student's residence. Prior approval from the LEA transportation office is required if the different location results in time conflicts, overloads, or an increase in the driver's mileage. Final approval rests with the LEA.

7. Local procedures must be developed to specify whether bus drivers, bus attendants, classroom teachers, teacher assistants, or other staff is responsible for taking students to and from the school buses at the school site.

D. When attendance at a school outside the student's geographic zone is mutually agreeable and determined to be part of the student's FAPE, the home LEA has the responsibility to provide transportation, if transportation is also related to FAPE. In situations where the student attends an out-of district school based solely on personal preference and the home LEA has offered an opportunity for FAPE, transportation may not be required, even in instances where the student may otherwise qualify for this service.

E. The LEA cannot discharge its obligation to transport a student with a disability who needs transportation as a related service by requiring parents, without their agreement, to provide the transportation themselves and receive mileage reimbursement. However, while the LEA cannot demand this arrangement, it is not unreasonable for the LEA to request such an arrangement.

F. LEAs must ensure that:

1. all school buses used to transport students with disabilities comply with current applicable Louisiana Revised Statues, Louisiana State Department of Education Standards, and with all other standards as may be established by governing authorities;

2. specialized equipment used to transport students to educational sites complies with all Federal Motor Vehicle Safety Standards (FMVSS), where such standards are applicable;

3. appropriate safety measures are used in the transportation of students with disabilities, especially when extraordinary measures are required;

4. supervision of students is in compliance with LEA policies and the IEP;

5. students being transported spend only a reasonable amount of time on the bus. The locations of the residence and the school facility and the specific needs of the individual student will be determinant factors in length of travel time.

G. It is the responsibility of the LEA to employ and train qualified school bus drivers and substitute drivers as needed to transport eligible special education students. Bus attendants must be trained to assist in transporting students with disabilities when necessary and appropriate as a related service.

1. The need for a bus attendant is a decision of the LEA, unless the requirement is documented on the student's IEP.

2. Providing a bus attendant for any student with a disability shall be considered by the IEP team. This decision should be made on an individual basis.

La. Admin. Code tit. 28, § CXIII-2103

Promulgated by the Board of Elementary and Secondary Education, LR 25:635 (April 1999), amended LR 36:1477 (July 2010), LR 37:2124 (July 2011).

AUTHORITY NOTE: Promulgated in accordance with R.S. 17:158, R.S. 17:160-161, R.S. 17:164-166.