The Team shall determine whether the student requires transportation because of his or her disability in order to benefit from special education.
- (a) Regular transportation. If the student does not require transportation as a result of his or her disability, then transportation shall be provided in the same manner as it would be provided for a student without disabilities. In such case, the IEP shall note that the student receives regular transportation, and if the school district provides transportation to similarly situated students without disabilities, the eligible student shall also receive transportation.
- If regular transportation is noted on the student’s IEP and the student is placed by the school district in a program located at a school other than the school the student would have attended if not eligible for special education, the student is entitled to receive transportation services to such program.
- If regular transportation is noted on the student’s IEP and the student is enrolled by his or her parents in a private school and receiving services under 603 CMR 28.03(1)(e), such student is not entitled to transportation services unless the school district provides transportation to students without disabilities attending such private school.
- (b) Special transportation. If the Team determines that the student’s disability requires transportation or specialized transportation arrangements in order to benefit from special education, the Team shall note on the student’s IEP that the student requires special transportation. In such circumstances, transportation is a related service.
- The Team shall determine necessary modifications, special equipment, assistance, need for qualified attendants on vehicles, and any particular precautions required by the student and shall document such determinations in the student’s IEP. If specialized arrangements can be provided on regular transportation vehicles, the school district shall make such arrangements.
- The district shall arrange to have eligible students who use wheelchairs transported in vehicles that do not require such students to be removed from their wheelchairs in order to enter or leave the vehicles; provided, however, that this requirement shall not be applicable where a Team or the student’s physician recommends that the student regularly transfer in and out of conventional vehicles to or from a wheelchair for therapeutic or for independence training reasons.
- The Team shall specify whether the student requires assistance in or out of the home, on or off of the vehicle, and in or out of the school. If such assistance is specified, the district shall ensure that it is provided.
- The Team shall specify if the student has a particular need or problem that may cause difficulties during transportation, such as seizures, a tendency for motion sickness, behavioral concerns, or communication disabilities.
- If special transportation is noted on the student’s IEP, the student is entitled to receive transportation services to any program provided by the public school and in which the student participates.
- If special transportation is noted on the student’s IEP and the student is enrolled by his or her parents in a private school and receiving services under 603 CMR 28.03(1)(e), the school district’s obligation to provide transportation shall be limited to transportation services within the geographic boundaries of the school district.
- The Team shall determine necessary modifications, special equipment, assistance, need for qualified attendants on vehicles, and any particular precautions required by the student and shall document such determinations in the student’s IEP. If specialized arrangements can be provided on regular transportation vehicles, the school district shall make such arrangements.
- (c) In no event shall a school district allow transportation considerations to influence, modify, or determine the educational program required by any student in need of special education.