The right to a Free Appropriate Public Education (FAPE) does not end at the schoolhouse doors.
Students who have disabilities have a right to transportation as a "related service" when it is necessary to benefit from special education. A school district is responsible for providing transportation to ensure a student receives all the special education services outlined in their Individualized Education Program (IEP).
In a recent Massachusetts Bureau of Special Education Appeals (BSEA) decision, a hearing officer made clear that the obligation of a school district to provide appropriate transportation should not be taken lightly.
In Vladimir & Acton-Boxborough Regional School District – BSEA # 15-03957, hearing officer Lindsay Byrne found that Acton-Boxborough had failed to act numerous times, despite clear evidence that the transportation it provided was problematic.
In this case, Acton-Boxborough was contracting with CASE Collaborative to provide transportation for a 16-year-old student to LABBB Collaborative. CASE refused to drive the student due to evolving safety concerns. The student removed his clothing on the bus and struggled with reflux/vomiting.
In the decision, the hearing officer chastised the school district for failing to act, noting that Acton-Boxborough did not reconvene the Team to discuss the new information concerning the student's transportation requirements and did not evaluate the student or his transportation environment to determine whether developing a plan to address the behavioral concerns could avoid the diminishment of special education programming.