Ohio Administrative Code
Title 3301 - Department of Education - Administration and Director
Chapter 3301-51 - Education of Students with Special Needs
Section 3301-51-10 - Transportation of children with disabilities
Universal Citation: OH Admin Code 3301-51-10
Current through all regulations passed and filed through September 16, 2024
(A) Definitions.
(1) Child with a disability means a child
evaluated in accordance with rule
3301-51-06 of the Administrative
Code as having an intellectual disability, a hearing impairment (including
deafness), a speech or language impairment, a visual impairment (including
blindness), a serious emotional disturbance (referred to in this rule as
"emotional disturbance"), an orthopedic impairment, autism, traumatic brain
injury, an other health impairment, a specific learning disability,
deaf-blindness, a developmental delay (for a child between the ages of three
and
nine), or multiple disabilities, who by reason
thereof, needs special education and related services..
(2) Special transportation means vehicle
transportation service required by the individualized education program of a
child with disabilities or any applicable state or federal law.
(3) Transportation means travel to and from
school, between schools, and in and around school buildings, and may include
the following:
(a) Travel to and from school,
between schools, and in and around school buildings during normal school hours
and outside of normal school hours if included on the child's individualized
education program.
(b) Specialized
equipment, such as special or adapted vehicles, lifts, and ramps, if required
to provide special transportation for a child with disabilities.
(c) Fitting and/or retrofitting vehicles with
specialized equipment, such as car seats, securement systems, and safety
vests.
(d) Employment of
transportation aides for particular special education vehicles if deemed
necessary by the child's individualized education program.
(e) Alternative pick-up and drop-off
locations, such as the curb, driveway, or front door of the child's home, if
determined to be appropriate based upon the individual needs of the
child.
(f) Other travel that may be
arranged by the school district with no reimbursement from the state.
(4) School district means city,
local, exempted village, educational service center, community school, STEM
school, boarding school, or county board of developmental disabilities, for
purposes of this rule.
(5) Children
with disabilities in this rule refers to those aged three through
twenty-one.
(6) Weekend travel on
Saturday or Sunday for residential schools is permitted.
(7) Department means the Ohio department of
education.
(B) State residential schools.
(1) This paragraph refers
to the Ohio state school for the blind and the Ohio state school for the
deaf.
(2) Reimbursement for
transportation to and from the school district of residence shall be approved
by the department for eligible children with disabilities placed in state
residential schools, including the Ohio state for the blind and the Ohio state
school for the deaf.
(3)
Reimbursement claims for weekend travel and/or daily travel shall be approved
by the department for eligible children with disabilities placed in state
residential schools including the Ohio state school for the blind and the Ohio
state school for the deaf.
(C) Eligibility.
(1) Reimbursement for special education
transportation may be approved by the department's office of pupil
transportation for children with disabilities attending a special education
program approved by the department's office for exceptional children, and/or
attending a regular class in a public school.
(2) School district transportation personnel
shall be consulted in the preparation of the child's individualized education
program based upon the unique needs of the child when transportation is
required as a related service and when the child's needs are such that
information to ensure the safe transportation and well-being of the child is
necessary to provide such transportation.
(3) A community school governing authority
shall provide or arrange transportation free of any charge for any child with
disabilities enrolled in the school for whom the child's individualized
education program specifies transportation in accordance with section
3314.091 of the Revised
Code.
(4) For transportation
purposes, a child with disabilities that is parentally placed in a nonpublic
school, shall be entitled to transportation the same as any child without
disabilities attending a nonpublic school in accordance with section
3327.01 of the Revised
Code.
(D) General requirements.
(1) Each school district shall
establish its own reasonable travel time. Travel time is defined as beginning
at the initial pickup of the child and ending with the final arrival at the
school destination.
The school district shall develop its travel time standard, approved by the district's board of education, and shall consider the following factors: age of the child, condition of disability, geographic size of the school district, location of the special education class, traffic patterns, and roadway conditions.
(2)
Those who transport eligible children with disabilities must comply with
Chapter 3301-83 of the Administrative Code.
(3) Drivers and transportation aides must
have access to appropriate information about the child to the degree that such
information might affect safe transportation and medical wellbeing during
transport. This information must be accessible in the school transportation
office and is confidential.
(4)
Emergency evacuation and other pertinent safety precautions must be considered
by school districts deciding upon the appropriate transportation services for
children with disabilities.
(5) All
vehicles used must be authorized vehicles as defined in rule
3301-83-19 of the Administrative
Code. Aprivately-owned vehicle of the family utilized to transport a child is
not subject to Chapter
3301-83 of the Administrative
Code or regulations other than that required by state law.
Disclaimer: These regulations may not be the most recent version. Ohio may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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