Page 52 - School Bus Operators and Attendants Handbook
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Students with Special Needs



               There are many Federal and State Statutes, laws, regulations, policies, and procedures that must
               be followed by school systems regarding students with disabilities. There are two pieces or Federal
               legislation in which drivers will become familiar that require school districts to provide specialized
               transportation for students with disabilities (even when a student lives within the state’s two-mile
               limit). They are:

               The Rehabilitation Act of 1973 (Section 504)


               Students protected under Section 504 are identified as having a mental or physical impairment
               that substantially limits one or more major life activities. Examples of such activities include caring
               for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and
               working. Students who qualify for school transportation services under this law must have a “504
               plan” which is written at the school with the student’s parents/guardians. A student with a health
               condition such as asthma may require “504” transportation services.

               The Individuals with Disabilities Education Act (IDEA)


               This law was created to ensure that all students with disabilities have opportunities to access
               public  education  and  receive  education  services  for  their  unique  needs.  When  a  student  is
               identified and evaluated as needing Exceptional Student Education (ESE) services, an Individual
               Education Plan (IEP) is written with the parents/guardians and school district personnel where


               It  is  determined  what  special  educational  programs  and  “related  series”  (transportation)  the
               student may need in order to be successful at school, in the community, and on the bus.


               Transportation for disabled students should provide education and services in the Least Restrictive
               Environment (LRE) by:
                     Transporting them to the maximum extent appropriate with students who do not have disabilities
                     Transporting them to their home school or as close to home as possible
                     Providing, or arranging, for transportation to nonacademic and extracurricular services and
                       activities in order for disabled students to participate with non-disabled students to the
                       maximum extent possible

               Additional Information

                     School systems provide these educational and related services to disabled students at no cost to
                       the parent/guardian. This is known as a Free and Appropriate Public Education (FAPE).
                     Occasionally, parents/guardians and school district personnel may disagree about the education
                       and related services for disabled students. Mediation and or a Due Process Hearing may occur to
                       settle the matter.
                     Special rules apply for ESE students who are suspended or expelled from the school or school
                       bus, especially when the behavior is related to the student’s disability. ESE students can be


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