ADHD: A Place to Start
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| UNITED STATES DEPARTMENT OF EDUCATION OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES |
Below are two documents from OSEP regarding transportation as a related
service, safety, and appropriate training for transportation providers and aides.
They can be accessed at OSEP's web site:
Document #1:
August 22, 2003
MEMORANDUM
TO: State Directors of Special Education
FROM: Stephanie Smith Lee - - Director Office of Special Education Programs
SUBJECT: Ensuring Safe and Appropriate Transportation for Children with Disabilities
As you know, being transported to and from school by school bus is a major factor of school life for
millions of children, nationally, including many children with disabilities. Transportation is a costly
venture. For example, during the 1999-2000 school year, the nation's school districts spent over $13
billion on home-to-school and school-to-school transportation for students in public schools. Of that
amount, an estimated $3.7 billion (or 28% of the $13.1 billion) was for special transportation services
for children with disabilities.
In meetings (and correspondence) with representatives of two major national transportation associations
(i.e., the National School Transportation Association, and the National Association for Pupil
Transportation), these representatives have expressed concerns that transportation providers are often
not included in local school district plans or training related to transporting children with disabilities.
They also provided examples of problems resulting from not having prior knowledge about the needs
________________________
American Institutes for Research, Center for Special Education Finance, Report 3: What Are We Spending on Transportation Services for Students
with Disabilities, 1999-2000? (Revised 4/17/03).
_____________________________________________________________________________________
Page 2
of some of these children, and expressed interest in finding ways to ensure that transportation of
children with disabilities is safely and appropriately provided.
The current regulations implementing Part B of the Individuals with Disabilities Education
Act (IDEA) include a number of provisions related to transportation of children with
disabilities. See e.g., -- (1) the definition of related services, which lists transportation, and
includes a separate definition of "transportation" (34 CFR §300.24(a); (b)(15)); (2) Appendix
A--Notice of Interpretation, which includes questions and answers regarding the provision of
transportation in individualized education programs (i.e., Q-30 (64 FR 12478, March 12,
1999) and Q-33 (64 FR 12479); and (3) Attachment 1 to the 1999 Part B Regulations
(Analysis of Comments and Changes) that includes a discussion about transportation as a
related service (64 FR 12551).
To the extent appropriate, we encourage you to contact the local educational agencies in your
State to call their attention to the transportation provisions in the regulations, and to
encourage them, as appropriate, (consistent with the confidentiality provisions in §§300-560-
300.576), to ensure that there is meaningful and effective communication -- before the fact --
between school district personnel and transportation providers about the transportation needs
and potential problems of individual students with disabilities. This effort should be
beneficial to all affected parties, but especially the children who are being transported.
Transportation providers play an integral role in the school lives of many children, including
children with disabilities, which makes effective communication between the school and the
providers essential. We believe that, for the safety and well-being of all children who ride
school buses, including children with disabilities, it is crucial that they are appropriately and
effectively transported by well-informed and well-trained transportation providers.
If you have questions or comments about this memorandum, please contact your Part B State
contact or the persons listed above.
CC: Chief State School Officers
Federal Resource Center
Regional Resource Centers
ParentTraining Centers
Protection and Advocacy Agencies
Section 619 Coordinators
___________________________________________________________________________________
Document #2:
August 22, 2003
Ms. Robin L. Leeds
Regulatory Liaison
National School Transportation Association
625 Slaters Lane, Suit 205
Alexandria, VA 22314
Dear Ms. Leeds:
This is in reply to your letter regarding concerns expressed by your Association that
transportation providers, including contractors, bus drivers, and aides, are often not
included in school district plans or training related to transporting children with
disabilities under Part B of the Individuals with Disabilities Education Act (Part B) and
its implementing regulations. I am sending an identical response to Michael Martin,
Executive Director of the National Association for Pupil Transportation. We appreciate
the concerns identified in your letter and share your interest in ensuring that children with
disabilities are appropriately and effectively transported by informed and well-trained
transportation providers.
In your letter, you indicated that (1) transportation providers are rarely consulted by
members of the individualized education program (IEP) teams for children with
disabilities who require transportation as a related service and are not provided with the
opportunity to express their opinions regarding appropriate supports and potential
problem areas during the development of those students' IEPs; and (2) transportation
providers are rarely included in special education training programs and do not receive
child-specific training from the education personnel who are familiar with the students'
needs.
You stated that the problems facing transportation providers as outlined above seem to be
the result of a failure to appropriately implement and comply with the Part B regulations
at the state and local levels, rather than a deficiency in the regulations themselves. You
have asked the Office of Special Education Programs (OSEP) to remind the States of
their obligationto transportation personnel as related services providers and listed
specific suggestions to address the situation.
Although under Part B, there is no specific requirement that related services personnel be
part of the IEP team, it would be appropriate for public agency officials to solicit the
opinions of these personnel, including transportation providers, in the development of the
IEP. (§614(d)(1)(B); 34 CFR §300.344). In addition, the public agency must notify a
related services provider of his or her responsibility under the IEP and the specific
supports that must be provided for the child in accordance with the IEP. (34 CFR
§300.342Co)(3)). In order to ensure that related services, including transportation, are
_______________________________________________________________________________
Page 2 - Ms. Robin L. Leeds
provided in accordance with a child's IEP, it is important that the providers be
appropriately trained to provide these accommodations, modifications and supports.
We have prepared an "OSEP Memorandum" to be sent to all State directors of special
education suggesting that they contact all local educational agencies within their
respective States to remind them of their obligations under Part B and to encourage them
to ensure that transportation providers are fully informed - before the fact- of their
responsibilities under the IEPs as well as the individual needs of the children they are
transporting. When this memorandum is disseminated, we will ensure that you receive
copies to share with your respective constituencies.
If you have comments or questions regarding this letter, please feel free to contact either
Dr. JoLeta Reynolds at (202) 205-5507 (press 3) or Mr. Thomas B. Irvin at (202) 205-
5803).
Sincerely,
Stephanie Smith Lee
Director
Office of Special Education
Programs
Disclaimer: The information and direction to web sites contained herein is educational and not
intended to be legal or medical advice. The information is not a substitute for discussion between
patients and their doctors nor clients and their attorneys. References to all information and opinions
should not be considered an endorsement. You are hereby advised to fully investigate all options in
order to determine a course of action or treatment that may be most appropriate for a specific situation
and/or individual.
Copyright 2001- 2008 Alisha Leigh. Use of the material contained herein is unrestricted as long as it is
used for educational purposes and I am notified by e-mail of link usage. I would very much like to
know how this information is being used. Reciprocal linkage to your site is requested.
Updated 08-29-2008
service, safety, and appropriate training for transportation providers and aides.
They can be accessed at OSEP's web site:
- #1 - Memo from OSEP: Safe and Appropriate Transportation for Children with Disabilities
#2 - OSEP Letter: Training requirements related to transportation providers, including contractors, bus
drivers, and aides.
Document #1:
August 22, 2003
MEMORANDUM
TO: State Directors of Special Education
FROM: Stephanie Smith Lee - - Director Office of Special Education Programs
SUBJECT: Ensuring Safe and Appropriate Transportation for Children with Disabilities
As you know, being transported to and from school by school bus is a major factor of school life for
millions of children, nationally, including many children with disabilities. Transportation is a costly
venture. For example, during the 1999-2000 school year, the nation's school districts spent over $13
billion on home-to-school and school-to-school transportation for students in public schools. Of that
amount, an estimated $3.7 billion (or 28% of the $13.1 billion) was for special transportation services
for children with disabilities.
In meetings (and correspondence) with representatives of two major national transportation associations
(i.e., the National School Transportation Association, and the National Association for Pupil
Transportation), these representatives have expressed concerns that transportation providers are often
not included in local school district plans or training related to transporting children with disabilities.
They also provided examples of problems resulting from not having prior knowledge about the needs
________________________
American Institutes for Research, Center for Special Education Finance, Report 3: What Are We Spending on Transportation Services for Students
with Disabilities, 1999-2000? (Revised 4/17/03).
- 400 MARYLAND AVE.. S.W.. WASHINGTON. D.C 20202
- www.ed.gov
- Our mission is to ensure equal access to education and to promote educational excellence throughout the Nation.
_____________________________________________________________________________________
Page 2
of some of these children, and expressed interest in finding ways to ensure that transportation of
children with disabilities is safely and appropriately provided.
The current regulations implementing Part B of the Individuals with Disabilities Education
Act (IDEA) include a number of provisions related to transportation of children with
disabilities. See e.g., -- (1) the definition of related services, which lists transportation, and
includes a separate definition of "transportation" (34 CFR §300.24(a); (b)(15)); (2) Appendix
A--Notice of Interpretation, which includes questions and answers regarding the provision of
transportation in individualized education programs (i.e., Q-30 (64 FR 12478, March 12,
1999) and Q-33 (64 FR 12479); and (3) Attachment 1 to the 1999 Part B Regulations
(Analysis of Comments and Changes) that includes a discussion about transportation as a
related service (64 FR 12551).
To the extent appropriate, we encourage you to contact the local educational agencies in your
State to call their attention to the transportation provisions in the regulations, and to
encourage them, as appropriate, (consistent with the confidentiality provisions in §§300-560-
300.576), to ensure that there is meaningful and effective communication -- before the fact --
between school district personnel and transportation providers about the transportation needs
and potential problems of individual students with disabilities. This effort should be
beneficial to all affected parties, but especially the children who are being transported.
Transportation providers play an integral role in the school lives of many children, including
children with disabilities, which makes effective communication between the school and the
providers essential. We believe that, for the safety and well-being of all children who ride
school buses, including children with disabilities, it is crucial that they are appropriately and
effectively transported by well-informed and well-trained transportation providers.
If you have questions or comments about this memorandum, please contact your Part B State
contact or the persons listed above.
CC: Chief State School Officers
Federal Resource Center
Regional Resource Centers
ParentTraining Centers
Protection and Advocacy Agencies
Section 619 Coordinators
___________________________________________________________________________________
Document #2:
August 22, 2003
Ms. Robin L. Leeds
Regulatory Liaison
National School Transportation Association
625 Slaters Lane, Suit 205
Alexandria, VA 22314
Dear Ms. Leeds:
This is in reply to your letter regarding concerns expressed by your Association that
transportation providers, including contractors, bus drivers, and aides, are often not
included in school district plans or training related to transporting children with
disabilities under Part B of the Individuals with Disabilities Education Act (Part B) and
its implementing regulations. I am sending an identical response to Michael Martin,
Executive Director of the National Association for Pupil Transportation. We appreciate
the concerns identified in your letter and share your interest in ensuring that children with
disabilities are appropriately and effectively transported by informed and well-trained
transportation providers.
In your letter, you indicated that (1) transportation providers are rarely consulted by
members of the individualized education program (IEP) teams for children with
disabilities who require transportation as a related service and are not provided with the
opportunity to express their opinions regarding appropriate supports and potential
problem areas during the development of those students' IEPs; and (2) transportation
providers are rarely included in special education training programs and do not receive
child-specific training from the education personnel who are familiar with the students'
needs.
You stated that the problems facing transportation providers as outlined above seem to be
the result of a failure to appropriately implement and comply with the Part B regulations
at the state and local levels, rather than a deficiency in the regulations themselves. You
have asked the Office of Special Education Programs (OSEP) to remind the States of
their obligationto transportation personnel as related services providers and listed
specific suggestions to address the situation.
Although under Part B, there is no specific requirement that related services personnel be
part of the IEP team, it would be appropriate for public agency officials to solicit the
opinions of these personnel, including transportation providers, in the development of the
IEP. (§614(d)(1)(B); 34 CFR §300.344). In addition, the public agency must notify a
related services provider of his or her responsibility under the IEP and the specific
supports that must be provided for the child in accordance with the IEP. (34 CFR
§300.342Co)(3)). In order to ensure that related services, including transportation, are
- 400 MARYLAND AVE., S.W., WASHINGTON, D.C. 20202
- www.ed.gov
- Our mission is to ensure equal access to education and to promote educational excellence throughout the Nation.
_______________________________________________________________________________
Page 2 - Ms. Robin L. Leeds
provided in accordance with a child's IEP, it is important that the providers be
appropriately trained to provide these accommodations, modifications and supports.
We have prepared an "OSEP Memorandum" to be sent to all State directors of special
education suggesting that they contact all local educational agencies within their
respective States to remind them of their obligations under Part B and to encourage them
to ensure that transportation providers are fully informed - before the fact- of their
responsibilities under the IEPs as well as the individual needs of the children they are
transporting. When this memorandum is disseminated, we will ensure that you receive
copies to share with your respective constituencies.
If you have comments or questions regarding this letter, please feel free to contact either
Dr. JoLeta Reynolds at (202) 205-5507 (press 3) or Mr. Thomas B. Irvin at (202) 205-
5803).
Sincerely,
Stephanie Smith Lee
Director
Office of Special Education
Programs
Disclaimer: The information and direction to web sites contained herein is educational and not
intended to be legal or medical advice. The information is not a substitute for discussion between
patients and their doctors nor clients and their attorneys. References to all information and opinions
should not be considered an endorsement. You are hereby advised to fully investigate all options in
order to determine a course of action or treatment that may be most appropriate for a specific situation
and/or individual.
Copyright 2001- 2008 Alisha Leigh. Use of the material contained herein is unrestricted as long as it is
used for educational purposes and I am notified by e-mail of link usage. I would very much like to
know how this information is being used. Reciprocal linkage to your site is requested.
Updated 08-29-2008
ADHD: A Place to Start
THE ASSISTANT SECRETARY
