Fact Sheet: School Transportation

This resource is intended as a self-advocacy guide for people with disabilities and is not legal advice. For legal advice specific to your situation, please contact an attorney.

Transportation for Students with Disabilities

Many students with disabilities use the same school transportation as their nondisabled peers. Students with disabilities have the right to receive transportation in their least restrictive environment.

Some students with disabilities may need specialized transportation as a related service in their Individualized Education Program (IEP). Transportation should be provided as a related service when the IEP team determines that it is necessary for the student to benefit from special education.

What Should the IEP Team Consider?

The decision should be based on the individual student's disability-related needs. The IEP team may consider:

1. Medical and health needs, including whether the length of the bus ride could affect the student's health, the student's ability to walk or use a wheelchair, distance from school, needs during very hot or cold weather, and whether the student is medically fragile or requires special assistance.

2. The student's need for adaptive or assistive equipment.

3. The need for safe transfers.

4. Accessibility, including the physical accessibility of curbs, sidewalks, streets, and public transportation systems the student may use on the way to and from school.

5. The student's ability to arrive at school on time, avoid getting lost, navigate traffic safely, and avoid other potentially dangerous or exploitative situations.

6. Behavior-related needs, including implementation of a Behavior Intervention Plan (BIP) while the student is being transported.

7. Whether the student's IEP team has determined that the appropriate educational setting is somewhere other than the public school building normally served by the scheduled bus route.

8. Transportation to community-based programming, off-site services, or therapies.

What Does Transportation Include Under IDEA?

Under the Individuals with Disabilities Education Act (IDEA), transportation may include:

• Travel to and from school and between schools.

• Travel in and around school buildings.

• Specialized equipment, such as special or adapted buses, lifts, and ramps, when needed to provide transportation for a child with a disability.

See 34 C.F.R. § 300.34(c)(16).

Schools may provide transportation using their own transportation system, contract with a transportation provider, or contract with a parent to provide transportation.

If the school contracts with a parent to provide transportation, mileage reimbursement should be based on the state rate set by the Wisconsin Department of Transportation or a rate comparable to other school districts in the area. Parents should be reimbursed for round-trip mileage for both drop-off and pick-up.

Tips for Parents

• If you believe your child has a disability-related need for specialized transportation, you have the right to request an IEP team meeting to discuss your child's transportation needs.

• Be prepared to explain why your child needs transportation because of their disability. Helpful information may include examples, letters from doctors or service providers, or written documentation from the school showing a need for specialized transportation.

• If transportation is a related service, it should be documented in your child's IEP. The IEP should include details about when and where transportation will be provided, how often it will be provided, who will provide it, the type of vehicle needed, and any special transportation needs related to nonacademic or extracurricular activities.

• You can learn more about the IDEA State Complaint and Dispute Resolution Process through the Wisconsin Department of Public Instruction. You may file an IDEA complaint if you believe your child's school is not complying with IDEA requirements.

Transportation-related disputes might include situations where your child needs transportation as a related service but the service was denied, or where you transport your child under an agreement with the school district but believe you are not being reimbursed appropriately.

Resources from the Wisconsin Department of Public Instruction

• Information Update Bulletin 18.01: Transportation Questions and Answers

  This guidance covers transportation for students with disabilities, eligibility for transportation as a related service, transportation logistics and locations, transportation provided by parents, route considerations, students experiencing homelessness or in foster care, student placement, discipline and behavior during transportation, safety, and specialized equipment.

• Individuals with Disabilities Education Act (IDEA): Special Education Transportation

  This resource provides an overview of special education transportation, including IDEA, a Free Appropriate Public Education (FAPE), transportation arrangements, incidental benefits, and accommodations for students experiencing homelessness or in foster care.

• Frequently Asked Questions About Wisconsin's Full-Time Inter-District Public School Open Enrollment

  See the transportation section for information about transportation under Wisconsin's open enrollment program, including questions involving special education and transportation.