Yes...children with disabilities may be suspended from using public school transportation even though they are not suspended from school. However, bus suspension may affect the disrict's requirement to provide FAPE if special education services are needed for the child to receive FAPE and the child needs transportation to receive special education services, transportation would be needed and would have to be addressed by the IEP Team. The following guidance to school districts to determine if school days for bus suspension count as school days for change of placement and provision of services purposes may be useful:- The school is ALWAYS required to proved FAPE. If a child with a disability cannot get to school to benefit from special education, it is likely that the school is requred to continue to provide transportation in some manner.
- If transportation is specified as a related service on the IEP, school days of suspension from bus transportation would count in determining if a change of placement occurs and in provision of services unless the school provides transportation in some other way.
- If transportation is NOT required as a related service under the IEP, school days of suspension from the bus should NOT count as school days of suspension for change of placement and provision of services purposes. In such cases, the child's parents have the same obligation to get the child to and from school as a child without disabilities who has been suspended from the bus (unless the parents cannot provide the needed transportation). Also, if bus transportation is not included on the IEP, the comments suggest a suspension from transportation privileges may indicate the IEP should consider whether that behavior on the bus should be addressed within the IEP or a behavior intervention plan for the child. (Federal Register, August 14, 2006, p. 46715).
This Q and A was taken from South Carolina's Parent Rights in Special Education (Procedural Safeguards) p. 137.
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