Guidelines for Transportation of Students with Special Needs

Guidelines for Transportation of Students with Special Needs

Definition of Transportation

INDIVIDUALS WITH DISABILITIES EDUCATION ACT

The federal regulations for implementation of the Individuals with Disabilities Education Act (IDEA) define Transportation as follows:

34 CFR ? 300.34 Related Services. (October 12, 2006) "(16) Transportation includes ? (i) Travel to and from school and between schools; (ii) Travel in and around school buildings; and (iii) Specialized equipment (such as special or adapted buses, lifts, and ramps), if required to provide special transportation for a child with a disability."

34 CFR ? 300.107 Nonacademic services. (October 12, 2006) "The State must ensure the following: (a) Each public agency must take steps, including the provision of supplementary aids and services determined appropriate and necessary by the child's IEP Team, to provide nonacademic and extracurricular services and activities in the manner necessary to afford children with disabilities an equal opportunity for participation in those services and activities. (b) Nonacademic and extracurricular services and activities may include counseling services, athletics, transportation, health services, recreational activities, special interest groups or clubs sponsored by the public agency, referrals to agencies that provide assistance to individuals with disabilities, and employment of students, including both employment by the public agency and assistance in making outside employment available."

SECTION 504 OF THE REHABILITATION ACT OF 1973

34 CFR ? 300.104 Discrimination prohibited "...No otherwise qualified handicapped individual in the United States shall, solely by reason of his handicap, be excluded from participating in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance."

In general terms, Section 504 of P.L. 93-112(1), a part of the Rehabilitation Act of 1973, states that all eligible students with disabilities are entitled to a free, appropriate public education. It also requires the facilities, services, and activities provided to the disabled be comparable to those provided to the nondisabled, and that students with disabilities must have an equal opportunity for participation in any nonacademic and extracurricular services and activities provided by a school district. In accordance with Section 504, it is possible for a school district to be required to provide specialized transportation services to a student with disabilities who is not in special education.

Introduction

The purpose of this manual is to recommend standard policies, procedures, and guidelines for persons entrusted with the responsibility of managing transportation for students with special needs. The term "Special Education" means "specially designed instruction to meet the unique needs of a child with a disability." Transportation is one of the "related services" required when necessary for a child to benefit from special education. The guidelines, policies, and procedures recommended contain adequate information to guide those persons responsible for pupil transportation in developing an action plan for the safe delivery of transportation services to students with special needs.

Definitions of Disabilities Under IDEA

Autism - a developmental disability significantly affecting verbal and nonverbal communication and social interaction, generally evident before age three, that adversely affects a child's educational performance. Other characteristics often associated with autism are engagement in repetitive activities and stereotyped movements, resistance to environmental change or change in daily routines, and unusual responses to sensory experiences. The term does not apply if a child's educational performance is adversely affected primarily because the child has an emotional disturbance.

Deaf-Blindness - a concomitant hearing and visual impairment, the combination of which causes such severe communication and other developmental and educational problems that they cannot be accommodated in special education programs solely for children with deafness or children with blindness.

Deafness - a hearing impairment so severe that the child is impaired in processing linguistic information through hearing, with or without amplification, that adversely affects a child's educational performance.

Hearing Impairment - an impairment in hearing, whether permanent or fluctuating, that adversely affects a child's educational performance, and is not included under the definition of deafness in this section.

Mental Retardation - significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and manifested during the developmental period that adversely affects a child's educational performance.

Multiple Disabilities - concomitant impairments (such as mental retardation, blindness), the combination of which causes such severe educational needs that they cannot be accommodated in special education programs solely for one of the impairments. The term does not include deafblindness.

Orthopedic Impairment - a severe orthopedic impairment that adversely affects a child's educational performance. The term includes impairments caused by congenital anomaly (e.g., clubfoot, absence of some member, etc.), impairments caused by disease (e.g., polio militias, bone tuberculosis, etc.), and impairments from other causes (e.g., cerebral palsy, amputations, and fractures or burns that cause contractors).

Other Health Impairments - having limited strength, vitality or alertness, including a heightened alertness to environmental stimuli, that results in limited alertness with respect to the educational environment, that is due to chronic or acute health problems such as asthma, attention deficit

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disorder or attention deficit hyperactivity disorder, diabetes, epilepsy, a heart condition, hemophilia, lead poisoning, leukemia, nephritis, rheumatic fever, sickle cell anemia, and Tourette syndrome; and adversely affects a child's educational performance.

Speech or Language Impairment ? a communication disorder, such as stuttering, impaired articulation, a language impairment, or a voice impairment, that adversely affects a child's educational performance.

Emotional Disturbance - a condition exhibiting one or more of the following characteristics over a long period of time and to a marked degree, that adversely affects educational performance:

(A) An inability to learn that cannot be explained by intellectual, sensory, or health factors;

(B) An inability to build or maintain satisfactory interpersonal relationships with peers and teachers;

(C) Inappropriate types of behavior or feelings under normal circumstances; (D) A general pervasive mood or unhappiness or depression; or (E) A tendency to develop physical symptoms or fears associated with personal or

school problems.

The term includes schizophrenia. The term does not apply to children who are socially maladjusted, unless it is determined that they have a serious emotional disturbance.

Specific Learning Disability - a disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, that may manifest itself in an imperfect ability to listen, think, speak, read, write, spell, or to do mathematical calculations. The term includes such conditions as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia. The term does not apply to children who have learning problems that are primarily the result of visual, hearing, or motor disabilities, of mental retardation, of emotional disturbance, or of environmental, cultural, or economic disadvantage.

Traumatic Brain Injury - an acquired injury to the brain caused by an external physical force, resulting in total or partial functional disability or psychosocial impairment, or both, that adversely affects a child's educational performance. The term applies to open or closed head injuries resulting in impairments in one or more areas, such as cognition; language; memory; attention; reasoning; abstract thinking; judgment; problem-solving; sensory, perceptual and motor abilities; psychosocial behavior, physical functions; information processing; and speech. The term does not apply to brain injuries that are congenital or degenerative, or brain injuries induced by birth trauma.

Visual Impairment - impairment in vision that, even with correction, adversely affects a child's educational performance. The term includes both partial sight and blindness.

Developmental Delays ? children aged three through eight experiencing a significant delay in one or more of the following areas: physical development, cognitive development, communication development, social or emotional development, or adaptive development; and who, by reason thereof, need special education and related services.

The Role of Transportation Staff in the Individual Education Program (IEP) Process

The IEP team is the formal group that designs a student's educational program and establishes goals and objectives, and determines the related services that are necessary for a student to benefit from special education. The IEP team report most often serves as the basis for IEP team discussions and decisions regarding a student's program content. If it is determined that a student needs specialized

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transportation as a related service, transportation staff shall be invited to participate in the IEP process and serve as an additional resource.

The transportation staff person could be expected to serve two major functions as a member of the IEP team:

1. The primary function would be to gather information regarding the student's expected transportation needs so as to properly plan for a timely, efficient, and safe initiation of transportation service.

2. The secondary function would be to educate the IEP team members regarding the transportation environment. This could include: type and configuration of the vehicle the student would likely be assigned to ride, probable length of ride, conditions with respect to temperature extremes during loading/unloading and on the bus, pickup/dropoff, type of device/occupant securement system to be used, need for the vehicle to be equipped with an emergency communication system, degree of training and skills of the driver, need for a bus attendant, etc.

If the IEP team indicates a need for transportation as a related service and if the student will need special care or intervention during transportation (or has adaptive or assistive equipment needs), transportation staff participation is essential in developing information addressing the following concerns:

1. Can the student be safely transported, given the transportation environment, (including the length of the ride), without undue risk to the student or others?

2. Does the student have medical, physical or behavioral concerns which would expose the student to unreasonable risk, given the anticipated transportation environment?

3. Can assistive or adaptive equipment identified as necessary to accommodate the student during the transportation process be safely secured and transported, and are there adequate instructions regarding its use? For example, every effort should be made to avoid transporting a student on a gurney or stretcher type mobility device, or one that reclines more than 45 degrees; questions regarding appropriate and safe use of assistive or adaptive equipment, including mobile seating devices; ventilator or oxygen equipment can be referred to such persons as physical therapists, occupational therapists, rehabilitation engineers or equipment vendors for advice.

Education and transportation staff may lack the professional expertise and skills regarding the above issues. The team may utilize information and reports from other experts to assist in their decision making and IEP planning. The IEP meeting may include participants that are qualified to assist in determining transportation needs, particularly where significant medical or behavioral concerns are identified. When appropriate, a health care plan for the student should be developed which specifies: type and frequency of care required or expected, skill level of the person expected to provide the care, recommendations for when general observation of the student by the driver is needed, or whether an additional staff person is needed for the care or intervention of the student's needs.

In addition to the above considerations, it is often necessary to review various alternative transportation options to meet a student's needs. Some alternatives frequently considered and which must be provided when determined appropriate are:

1. Parent or relative providing transportation with reimbursement of mileage costs.

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2. Public or private transportation at public expense.

3. The continuum of transportation services available to students with disabilities.

The individualized education program (IEP) is a written statement of services a student is to receive. The IEP can only be changed by the IEP team. With regard to transportation, the IEP should provide the necessary specificity so the driver, school, parent, and student know what services to expect.

While participating on an IEP team, a transportation staff member should address and propose alternatives to transportation proposals that would be impossible to provide (such as a maximum riding time of 30 minutes when the student lives 45 minutes from school), or appears to be unsafe, or is not understood.

If at some point after transportation has been implemented, the driver, attendant, or transportation director finds the transportation plans unsafe, a student's behavior changes so dramatically as to create an unsafe environment, or the transporters need more information or assistance from the special education staff, any team member may call another IEP meeting to discuss the concerns.

TRAINING GUIDELINES

The following guidelines are intended to assist in establishing a training program for transportation staff that will enable them to respond to any concerns presented and provide transportation staff with the skills needed to respond to routine and emergency circumstances during transportation.

Educational Administration

School administrators and education staff who make program decisions for special education students, including the requirement for transportation as a related service, are frequently unfamiliar with transportation capabilities and limits. Those persons should have training in areas which would include:

1. When transportation staff would be consulted or included in the IEP team process.

2. State and local transportation policies and procedures, including communications and reporting procedures.

3. Transportation regulations which could assist in determining if transportation would be appropriate as a related service.

4. Alternative transportation options.

5. Current legislative, legal, and administrative decisions.

6. Least restrictive environment regulations to transportation placements.

7. A general knowledge of the extent of training and skill levels available within the transportation staff.

8. Types of vehicles used for special transportation.

9. Types of equipment and occupant securement systems used.

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10. State and local laws related to child abuse and reporting procedures.

11. State or local laws related to limits of liability and policies and procedures for risk management.

12. Federal, state and local rules of confidentiality.

13. Legislative and administrative decisions and procedures concerning Do Not Resuscitate (DNR) requests.

Drivers and Attendants

Drivers and attendants, as the direct service providers with hands-on responsibility must operate special equipment, manage student behavior, administer health care (according to their qualifications) and serve as a seating specialist in positioning and securing adaptive and assistant devices and occupants.

Selection and Retention of Transportation Staff

It is important to fully explain to applicants for special education transportation staff positions the full implications of the duties expected. By eliminating applicants prior to hiring who would not feel comfortable performing some required services, staff retention level will be relatively high. Staff retention is critical given the considerable costs associated with the extra training required. Having staff who have continuing personal knowledge of the specific needs of individual students is a tremendous asset to their care.

Training Components

Performing the responsibilities assigned in a safe and effective manner requires a substantial degree of specific training. Some training components which would be beneficial to transportation staff are:

? Introduction to special education (including characteristics of disability conditions), the student referral-assessment-IEP process, and protecting confidentiality of student information.

? Legal issues, including federal and state law, administrative rules, and local policy.

? Operations policies and procedures (also see appendices), including: (1) Loading/unloading. (2) Pick-up/drop-off (curb to curb). (3) Evacuation procedures. (4) Lifting procedures. (5) Student accountability and observation, including evidence of neglect or abuse. (6) Post-trip vehicle interior inspections for student's medicine and other articles left prior to parking vehicle. (7) Reporting procedures and report writing. (8) Record keeping. (9) Lines of responsibility relative to the role of educational team member. (10) Lines of communication, including parents and educational staff.

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(11) Route management including: medical emergencies, situations where there is no adult at home, inclement weather, field trips, etc.

(12) Behavior management, including: ? Techniques for the development of appropriate behavior. ? Techniques for the management and extinguishing of inappropriate behavior. ? Techniques and procedures for the response to unacceptable behavior. ? Procedures for dealing with inappropriate or unacceptable student behavior that creates emergency conditions or poses a risk to health and safety. ? Procedures for documenting and reporting inappropriate or unacceptable student behavior. ? Techniques and procedures for the response to unacceptable behavior including the possession and transportation of illegal weapons or drugs, gang activities, and harassment.

(13) Bloodborne pathogens and universal precaution procedure, including the use of personal protective equipment.

(14) Current lifesaver/Cardiopulmonary Resuscitation (CPR) certification. (15) Policies and procedures that ensure the confidentiality of personally

identifiable information.

Special Equipment Use and Operation

There is a wide variety of equipment to accommodate students with disabilities that is required to be part of the transportation vehicle's environment. It is necessary for the transportation staff to be familiar with the design and operating procedure for this special equipment, as well as knowing how to conduct equipment inspection and make simple "field adjustments" during breakdowns. Some examples are:

1. Power lifts or ramps.

2. Emergency escape exits including doors, windows and roof hatches.

3. Special fire suppression systems.

4. Power cutoff switch.

5. Emergency communications system.

6. Air conditioning system.

7. Mobile seating device, including trays and accessories, securement system hardware, and occupant securement system.

8. Adaptive and assistive devices used to support or secure students, mobility aids, special belts, and harnesses and devices (such as special crutches, braces, or wheelchairs, including assistant technology devices).

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9. All specially equipped school buses should be equipped with electronic voice communication systems. These may be provided and installed by the body manufacturer, distributor, school district, operator or other party.

10. Service animals can be transported to assist the student with disabilities. District policies and procedures, as well as training, need to be established prior to transport.

Medical/Health Issues

As schools are serving more students with disabilities who have severe medical/health conditions, the transportation staff is finding it necessary to provide both routine and emergency health care to students during transportation. Additionally, transportation staff may be exposed to dangerous infectious or communicable diseases. Training regarding medical/health issues can reasonably be divided into two categories: precautionary handling, and care and intervention.

Precautionary Handling

All transportation staff, including drivers, attendants, mechanics, and service personnel such as washing and cleaning staff, should be trained in "universal precautions" relative to the handling and exposure to contagious and communicable disease (including available immunizations). Suggested topics include:

1. A brief description of the student's current medical, health, or behavioral status, as well as an emergency care card with information on address, emergency phone numbers, etc.

2. A description of the medical/health care or intervention necessary during transportation, including the frequency required.

3. A description of who should provide the care or intervention.

4. The type and extent of training or skills necessary for the driver and/or attendant.

5. The inspection, operation, use and care of the student's special adaptive/assistant equipment including items such as oxygen containment systems, suctioning equipment, apnea monitors, ventilation equipment, etc.

6. A description of emergency procedures to be implemented during a medical/health crisis, including communication with medical staff.

7. A description of the procedures to be followed in changing the care plan when conditions indicate a change is warranted.

Policy Development

In serving children with disabilities, there are a number of laws, rules, and regulations which dictate the service that must be provided, but few of them offer direction as to how the service is to be provided. To provide a uniform and safe delivery of transportation service with consistent directions to transportation staff, written local board transportation policy and procedures are required.

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