Current through Register Vol. 48, No. 38, September 20, 2024
Additional services and activities shall be provided to
students whose IEPs require them in accordance with
34 CFR
300.105 (Assistive Technology),
300.106 (Extended
School Year Services) and
300.108
(Physical Education). In addition, the following shall apply:
a) Behavioral Intervention
1) School districts shall establish local
policies and procedures on the use of positive behavioral interventions to
manage, intervene in, or change the behavior of students with
disabilities.
2) Each district's
policies and procedures shall require that IEP teams consider strategies
including positive behavioral interventions and supports to address behaviors
that impede a child's functioning or that of other children in the academic
setting or in noninstructional contexts such as regular transportation and
extracurricular activities. The district's policies and procedures shall
include criteria for determining when a particular student's possible need for
a behavioral intervention plan should be reviewed.
3) Behavioral interventions shall be used in
consideration of the child's physical freedom, social interaction, and right to
placement in the least restrictive environment and shall be administered in a
manner that respects human dignity and personal privacy.
b) Transportation
Each child who is eligible for special education and related
services pursuant to this Part shall be eligible for special transportation.
Such transportation shall be provided as the child's disability or the program
location may require.
1) Arrival and
departure times shall ensure a full instructional day which is comparable to
that of the regular education students. Any deviation from this standard must
be based upon the individual needs of the child and reflected in the child's
IEP.
2) Every effort should be made
to limit the child's total travel time to not more than one hour each way to
and from the special education facility.
3) The special transportation shall be
scheduled in such a way that the child's health and ability to relate to the
educational experience are not adversely affected.
4) Vehicles utilized for special
transportation shall be adapted to the specific needs of the children receiving
this service.
5) Personnel
responsible for special transportation shall be given training experiences
which will enable them to understand and appropriately relate to children with
disabilities.
6) When a district
has placed students in a State-operated or nonpublic day program, the district
shall provide transportation for the children in that program.
7) When a child is placed in a residential
facility, the school district shall provide transportation services for the
child's initial trip to the facility and return home at the close of the school
term. The district shall likewise provide transportation for the child at the
beginning and end of each school term thereafter.
A) If the district assumes responsibility for
transportation arrangements, it shall provide reasonable notice to parents of
departure dates and times. It shall in all instances notify the parents within
48 hours after completing those arrangements.
B) The modes of travel and degree of support
and supervision to be provided shall be included in the student's
IEP.
C) The district shall provide
transportation services for one round trip home, at a midterm break or at
another time as mutually agreed by the district and the parents, and at any
additional time when the facility is to be temporarily closed.
D) The school district shall provide
round-trip transportation at any time the district seeks additional diagnostic
assessments of the student or if the parent wishes the child to be present
during a due process hearing.
E)
The school district shall provide round-trip transportation in emergencies such
as serious illness of the child or death or imminent death of an individual in
the child's immediate family. "Immediate family" includes a parent, a
grandparent, a sibling, or any person who resides in the child's immediate
household. If the district questions the severity of an illness of the child or
an immediate family member, it may require the opinion of a licensed physician
to corroborate the severity of the illness.
F) The school district may also provide
transportation services to encourage family contacts and/or to reintegrate the
child into the home and community. The district shall have the authority to
determine, upon consultation with the parents, when transportation is
appropriate for this purpose and shall incorporate this decision, with the
specific reasons for it, into the student's IEP.
c) Vocational Education
Students eligible pursuant to this Part shall receive
vocational education in accordance with their individual IEPs.
1) Community work experiences that are part
of a student's IEP shall occur during the school day, unless this is precluded
by the nature of the experiences.
2) All community work experiences which are
provided by the school as part of the IEP and for which the student receives
educational credit shall be supervised by school personnel.