LEGAL REQUIREMENTS FOR TRANSPORTING
STUDENTS WITH DISABILITIES FEDERAL LAWS
T W O F E D E R A L S T AT U T E S T H AT A D D R E S S
T R A N S P O R T AT I O N S E R V I C E S F O R
STUDENTS WITH DISABILITIES:
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INDIVIDUALS WITH DISABILITIES
E D U C AT I O N A C T ( I D E A )
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S E C T I O N 5 0 4 O F T H E R E H A B I L I T AT I O N
A C T O F 1 97 3
INDIVIDUALS WITH DISABILITIES
EDUCATION ACT (IDEA)
IDEA originated in mid-1970’s
 Education of All Handicapped Children Act, Public Law 94-142.
 The legislation was created to ensure that all students with disabilities
had opportunities to access public education
 Primary objectives include
 the assurance that students with disabilities are provided the same
access to public education in the same educational setting as their
nondisabled peers to the maximum extent possible (least restrictive
environment)
 to assure that the educational services provided are appropriate to the
student’s individual needs (free appropriate public education). School
districts are required to implement special education programs,
including “related services,” to students with disabilities without charge
to parents or guardians.
RELATED SERVICES
Transportation is one of many related services
It provides access to special education for a student with a disability
 travel to and from school and between schools;
 travel in and around school buildings; and
 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
Section 300.24(b) (15)].
SECTION 504 OF THE REHABILITATION ACT
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A civil rights statute which provides that: “No otherwise qualified individual with
handicaps in the United States shall, solely by reason of his/her handicap, be
excluded from the participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity receiving federal financial
assistance” (29 U.S.C. 794).
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States that all eligible students with disabilities are entitled to a free, appropriate
public education.
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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.
FLORIDA STATE LAWS AND RULES
Rule 6A-3.0121, FAC, Responsibility of the School District and Parents for Students with
Special Transportation Needs who are Transported at Public Expense
 Responsibilities of the school
 addresses safety measures
 addresses training for bus operators and attendants
 addresses the provision of information on each student’s special needs
 Responsibilities required of parents
 providing assistance and protection for their child to and from the bus stop
 supervising their child at the bus stop in accordance with district policy
 providing assistance for their child to get on and off the bus at the bus stop if their
child needs assistance due to a physical impairment, if required by district policy.
Chapter 6A-6, FAC, is the chapter that addresses the special programs in the State of
Florida, including the programs and procedures for exceptional students.
Exceptional Education
programs and services could
not take place effectively
without school buses and wellinformed and trained drivers
and bus attendants.
EXCEPTIONAL STUDENT EDUCATION PROGRAMS
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Autism Spectrum
Disorder
Deaf or Hard-of-Hearing
Developmentally Delayed
Dual-Sensory Impairment
Emotional/Behavioral
Disability
Established Conditions
Gifted
Homebound or
Hospitalized
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Intellectual Disability
Language Impairment
Other Health
Impairment
Orthopedic Impairment
Specific Learning
Disability
Speech Impairment
Traumatic Brain Injury
Visual Impairment
CHALLENGES FOR THE BUS RIDE
• Changes can be very upsetting for some students and drivers.
• In sudden emergencies such as a bus fire, a student may resist
evacuation
• Communication may be a barrier (non-verbal, sign language)
• Failure to stay seated, harassment, hitting and fighting, cursing,
screaming
• Inappropriate contact with other students, such as poking,
slapping, teasing, name-calling, tripping, etc.
• Show limited judgment
• Students may have medical problems
CHALLENGES FOR THE BUS RIDE
• Specialized seating
• Physical assistance
• Specialized adaptive equipment such as wheelchairs, walkers,
etc.
• Following directions may be a problem
• Difficulty understanding language
• Dangerous behaviors (getting on or off the bus, running
impulsively across the road, running away from staff on the bus)
• Stimulating other students inappropriately
• Impulse control
STRATEGIES
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It is essential drivers and attendants are made aware of the individual needs of
students they are transporting and are included in the planning process for dynamics of
the ride.
It is important for drivers and attendants to become familiar each students’ primary
mode of communication.
Drivers and attendants must understand each student’s specific health problem and
implications for safety on the school bus.
An established daily routine and clear understanding of expectations can serve to
minimize inappropriate behaviors.
Close supervision is essential to assure a safe ride.
A well-thought-out and regularly practiced evacuation plan is essential for this
population.
Drivers and bus attendants should greet and acknowledge students daily.
When a student acts out or fails to follow expectations, drivers and attendants should
avoid taking it personally or getting trapped in a conflict spiral or power struggle.
CONTACT INFORMATION
Cindy Lanzer
Susan Bentley
BCaBA, HRD Specialist
Program Specialist E/BD
FDLRS/NEFEC
FLDOE
lanzerc@nefec.org
Susan.bentley@fldoe.org