Current through Register Vol. 50, No. 9, September 20, 2024
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.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
17:158, R.S. 17:160-161,
R.S.
17:164-166.
