TRANSPORTATION FOR HOMELESS STUDENTS IN TRANSITION MCKINNY VENTO ACT
HOMELESS TRANSPORTATION McKinney –Vento School of Origin Inter-district collaboration and coordination School of Origin obligation Includes preschool and students With disabilities FUNDING Challenges & Barriers Best practices
MAIN PROVISIONS OF THE ACT School stability - remain in school of origin despite residential moves If in student’s best interest, based on individualized assessment While homeless, and until end of academic year once permanently housed Transportation provided to and from school of origin when requested Immediate enrollment – includes full participation in all school activities Access to services including transportation Decision making is child-centered and in the child’s best interest Local liaison in every school district
ELIGIBILITY FOR SERVICES Children or youth who lack a fixed, regular, and adequate nighttime residence, including: Sharing the housing of others due to loss of housing, economic hardship, or similar reason (doubled up) Living in motels, hotels, trailer parks, camping grounds Living in emergency or transitional shelters Awaiting foster care placement Living in a public or private place like cars, parks, abandoned buildings, substandard housing, or bus or train stations Migrant and unaccompanied students living in the above circumstances
BARRIERS Lack of funding Timely arrangements implemented Coordination across district and/or state lines Students with special needs
TRANSPORTATION REQUIREMENTS Eliminate barriers to the school enrollment and retention of homeless students, including transportation barriers Provide transportation to and from the school of origin at a parent or guardian’s request (or at the liaison’s request for unaccompanied youth) District determines the mode of transportation Provide homeless students with transportation services comparable to those of other students
REQUIREMENTS CONTINUED When crossing LEA lines, districts agree on how to share the responsibility and cost, or they must share equally Title I, Part A, funds may not be used to provide transportation to the school of origin, but may be used for other (excess) cost transportation needs including): after school activities summer school once a student becomes housed
BEST PRACTICES Add route near school of origin using bus drivers who live near student’s temporary address Use special education buses with more flexible schedules Database helps troubleshoot when a student misses the bus or when a bus is late Contract with individuals and organizations Reimburse parents or students to transport themselves to and from school Ask parent or student for ideas Meet with your homeless liaison to discuss strategies, challenges, cases and costs
HOMELESS QUESTIONS ?
SPECIAL TRANSPORTATION SITUATIONS CONTINGENCY REGIONAL SCHOOL EARLY COLLEGE EQUIPMENT (Small County Systems) BIO-DIESEL FUEL OTHER SPECIAL PROJECTS & LEGISLATIVE REQUIPMENT
SPECIAL TRANSPORTATION SITUATIONS REGIONAL SCHOOLS CONTINGENCY Beaufort County Bertie County Martin County Pitt County Tyrrell County Washington County
SPECIAL TRANSPORTATION SITUATIONS EARLY COLLEGE CONTINGENCY February & April Budget rating Documentation Driver time Eligible mileage TIMS data/Route information
SPECIAL TRANSPORTATION SITUATIONS EQUIPMENT CONTINGENCY Small county/ 50 buses limitation Major equipment failure April Budget rating Documentation Special consideration Cost limitations
SPECIAL TRANSPORTATION SITUATIONS FUEL CONTINGENCY Legislative appropriated Reductions Available funds
SPECIAL TRANSPORTATION SITUATIONS BIO-DIESEL CONTINGENCY Governor Highway Safety Program Available funds
SPECIAL TRANSPORTATION SITUATIONS OTHER SPECIAL PROJECTS & LEGISLATIVE REQUIREMENTS CONTINGENCY Legislative appropriated Equipment Stop –Arm Cameras Stop arms retrofits Available funds
SPECIAL NEEDS TRANSPORTATION LAWS AND POLICIES Individuals with Disabilities Education Act (IDEA) Least Restrictive Environment (LRE) Individual Education Plan (IEP) Extended School Year (ESY) Free and Appropriate Public Education (FAPE) Section 504 (Rehabilitation Act of 1973)
IDEA A child with a disability includes… Autism Deaf-Blind Deafness Emotional disturbance Hearing impairing Mental retardation Multiple disabilities Orthopedic impairment Other health impairment Specific learning disabilities Speech or language impairment Traumatic brain injury Visual impairment including blindness
IDEA - RELATED SERVICES Transportation and such development, corrective, and other supportive services as are required to assist a child with a disability to benefit from special education
IDEA – Transportation defined 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, if required to provide a special education for a student with a disability
IDEA – Individual Education Program IEP Impact on Transportation Parent/Guardian Roles Related Service participation Related Service Participation “Stay Put”
IDEA – Related Service Participation Who should attend & when Annual reviews Change of placement Grade change
504 – Things to Consider Will include students with an IEP Duration of disability or medical condition 504 Coordinator School accommodations / transportaation request
Operating Least Restrictive Environment General Education Bus / Special Education Bus Bus Stop Location
Operating Equipment – Lifts, safety seats, & vests, etc Can student be left unattended Bus assistants Multiple stop locations/attendance boundaries School of choice
Operating No one home to receive Length of ride Extended school year (ESY) Athletics /field trips/ after school activities
Operating - Attendants IEP Requirement District procedures Medical /Disabilities of students Number of students assigned Training Safety
Operating - Training Communication Confidentiality Right to Know – Who need to know? District Policies Legal Requirements
Evacuations/Emergencies Driver/bus attendants –plan Belt cutters Seat assignments Identify students who can assist Location of emergency response agencies
Behavior Management 10 Day Rule Manifestation of determinations behavior related to disability Immediate removal for weapons, drugs or inflect serious bodily injury
Behavior Management Manifestation determination Is transportation a related service? Is student attending schools
TRANSPORTING STUDENTS WITH DISABILITIES
TRANSPORTING CHILDREN WITH DISABILITIES Contract Transportation Charter Schools Parents Training Insurance options Buses Drivers HELP!!!!!! 504 Funding EC Laws Lawyers Reporting News Media IDEA idea IDEA I E P OCR/DPI
SPECIAL TRANSPORTATION Who Pays For Transportation? Q1. Who pays for transportation required by disabled children? A1. The school district. IDEA directs that all special education and related services must be provided at no cost to the parents of disabled children. Transportation is usually a related service.
SPECIAL TRANSPORTATION Q2. Are there circumstances under which parents of a child with disabilities can be required to provide transportation? A2. No. If the disabled child requires transportation benefit from the special education program chosen by the school district, the transportation must be provided by the school district.
SPECIAL TRANSPORTATION Transportation And Disruptive Students Q3. Can disabled students be suspended from transportation services for disciplinary purposes? A3. Disabled students, are subject to disciplinary action. However, the U.S. Supreme Court has ruled that a disabled student cannot be suspended from special education, or denied a related service, for more than 10 days unless the parents agree or the IEP is redrafted.
SPECIAL TRANSPORTATION Q4. Can disabled students be denied transportation services permanently.? A4. Although no court has ruled directly on this question, the answer is "probably not." A disabled student can be suspended from (temporarily denied) transportation services, but best practice indicates that such a student cannot be denied transportation on a permanent basis. The reason is that such a denial could effectively terminate the student's right to special education guaranteed by IDEA.
SPECIAL TRANSPORTATION Summer School/ Extended School Year Q5. Are disabled students entitled to transportation services to attend a summer school program or an extend school year program? A5. Yes, when it enables a disabled student to benefit from special education and included in the IEP, it must be provided at no cost.
SPECIAL TRANSPORTATION Length of Vehicle Ride Q6. What does IDEA say about the length of the vehicle ride? A6. IDEA does not directly discuss the length of the vehicle ride. Disabled students should not be routinely subjected to longer transportation times than non-disabled students. School district should have written procedures available for IEP committees regarding length of ride.
SPECIAL TRANSPORTATION In-Service Training Q7. Are transportation personnel required to receive in-service training regarding disabled students A7. Yes. Each education agency, is required to provide in- service training for personnel serving disabled students. In addition to regular transportation Instruction, in-service training should include: Instruction about IDEA and §504; Information about disabling conditions; Disciplinary and suspension procedures; knowledge of assistive device management; Emergency and evacuation management; Behavior management techniques; and Familiarity with needs of medically fragile children.
SPECIAL TRANSPORTATION Evacuation Drills Q8. Should disabled students practice evacuation drills? A8. This is a decision to be made by each school district. It is recommended that evacuation procedures be well known and rehearsed by transporters. A written evacuation plan should be printed and available in each transportation vehicle. Students with physical, emotional, and mental disabilities should practice evacuation procedures to their maximum capacity.
SPECIAL TRANSPORTATION Disagreements About Transportation Q9. What can parents or guardians do if there is a disagreement regarding transportation services? A9. Under IDEA, parents and guardians are entitled to all of the procedural safeguards regarding special education and related services. Initially, disagreements concerning transportation, should be discussed and resolved at the IEP meeting. If disagreements cannot be resolved, the parents or guardians have the right to a due process hearing and can appeal hearing decisions to state or federal court.
SPECIAL TRANSPORTATION Q10.Who decides if a child needs special transportation services? A10. The IEP committee determines a child's need for special transportation.
THE LAW! LEGAL BASIS FOR REQUIRING TRANSPORTATION
SECTION 504 & IDEA IDEA ( Individuals with Disabilities Education Act –P.L ) assure a “free appropriate public education” (FAPE) to children with disabilities in the same educational settings in which non-disabled children was educated. SECTION 504 (Rehabilitation Act of 1973) is a civil right law – the purpose is to protect people from discrimination because of disabilities – provides access and removes obstacles.
W HEN IS A TEMPORARY DISABILITY A SECTION 504 DISABILITY? CONSIDER : Does the disability substantially impair a major life activity? How severe is it? What is its expected duration? What is the degree of limitation?
TWO EXAMPLES: Right-handed student Broke his left arm Expected to heal normally, without complications. Not a disability!
TWO EXAMPLES, CONTINUED: Student breaks both legs Recovery is delayed by complications and surgeries Disability expected to last for several months It is a disability!
SO, HOW WILL WE KNOW? Schools must evaluate these conditions on a case by case basis It is the school’s decision as to whether the disability “substantially limits”
MAJOR LIFE ACTIVITIES “Major life activities” include functions such as caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. When an impairment does not substantially limit a major life activity, the individual does not qualify for protection under Section 504.
CURRENT ISSUES IN TRANSPORTING CHILDREN WITH DISABILITIES
Disability issues affecting transportation? (1) the cost of services (2) range and severity of disability conditions. (3) expansion in the number of locations for serving children with disabilities (4) the requirement to transport specialized equipment (5) requirement to transport with a variety of instructional schedules
CURRENT ISSUES IN TRANSPORTING CHILDREN WITH DISABILITIES Disability issues affecting transportation? (6) implementation of transportation in the least restrictive environment (LRE). (7) transportation for transition students – jobs and prevocational programs (8) travel training for students to facilitate age appropriate independent skills development. (9) transportation to interim alternative education programs (ILES). (10) Transportation under the provision of NCLB.
IT IS ESSENTIAL FOR PERSONNEL TRANSPORTING STUDENTS WITH DISABILITIES TO: Be knowledgeable about the mandates that assure the right to transportation Understand characteristics of the disabled population they are serving Be aware of special considerations that affect services, and Develop training programs that aid decision making on a day to day basis.
HOW TO DECIDE ON SPECIAL STUDENT TRANSPORTATION NEEDS Can the student utilize regular, yellow-bus transportation services? If not, can regular transportation be utilized appropriately with supplementary aids and services If, not how can special transportation appropriately accommodate the students needs?
TRANSPORTATION & THE IEP Transportation is a related service provision under IDEA. When required for students with disabilities, it should be specified on the students' individualized education program (IEP).
TRANSPORTATION & THE IEP The IEP is a written commitment and management tool for the school district. The IEP defines resources and services to be provided to the student at no cost, and it states when and for how long these services will be provided. As such, the IEP becomes the tool to monitor compliance.
TRANSPORTATION & THE IEP GUIDELINES The following guidelines suggest when a school district should have transportation personnel in attendance at "IEP" (Individual Education Plan) meetings: A student with disabilities who rides the same school bus as non- disabled students to and from school needs to have transportation addressed on the IEP because of the existence of one of the following special circumstances: behavioral problems, special equipment needs, or a special schedule.
TRANSPORTATION & THE IEP GUIDELINES A student with disabilities who rides a different vehicle from their non-disabled peers and requires specialized equipment, an assistant, or a special behavior management program.
TRANSPORTATION & THE IEP GUIDELINES Specialized school bus equipment is required to provide transportation services. A student with disabilities has severe behavioral problems and transportation is an integral part of the school-based behavioral management program. Student with disabilities is medically fragile and requires special handling. A student has an infectious disease which requires special precautions. A student with a disability is provided with a private-duty non-IEP nurse.
PERSONNEL TRAINING Behavior management Characteristics of disabilities Disciplinary, suspension and expulsion procedures District procedures Emergency situations Child Safety Restraint System (CSRS) Medication Transport Confidentiality Loading and Unloading Procedures Field Trip participation Service Animals Seating Sexual Harassment
PERSONNEL TRAINING IEP implementation IFSP implementation Legal mandates Special considerations State and local laws Oxygen Transport Special Equipment Handling First Aid Training Emergency Information
TRANSPORTING STUDENTS WITH DISABILITIES
STATE REPORTING TD-1 Annual Transportation Report Due Aug. 1 TD-2 Student Passenger Count Due Oct. 15 TD-2R Driver Salary & Route Report Due Oct 15 TD-24A Contract Transportation Report Due Oct 15
TD-1 Annual Transportation Report Due AUGUST 1 Provides official statistics for days, miles and buses operated Provides account of local funds expended for transportation Provides account of number of transportation personnel Provides physical inventory for repair parts, tires and fuel Provides policy data on your transportation operations
Provides official K-12 ridership count Provides count of Pre-K transported Performed last full week in September Integral part of funding formula TD-2 Student Passenger Count Due October 15
Provides detailed salary data Provides detailed leave data Provides route miles and hours Provides employee status (full/part time) Used to determine future state appropriation TD-2R Driver Salary & Route Report Due October 15
Provides details of various contracts Provides number of students contracted Number of contracted students shown on TD-2 Provides contract miles and trips Mandatory to support local funded contracts TD-24A Contract Transportation Report Due October 15
SPECIAL TRANSPORTATION SITUATIONS……. STATE REPORTING QUESTIONS?