01Oct
Providing Specialized Transportation Under an IEP
National School Bus Safety Week is coming up on October 19-23, 2026, so now is the perfect time for transportation contractors to refresh on topics relating to safety. One important area of focus is the safe transportation of students with disabilities. For transportation contractors, providing safe individualized transportation services often begins with understanding what is required under both the Individuals with Disabilities Education Act (“IDEA”) and the student’s Individualized Education Plan (“IEP”).
Under IDEA, states are required to provide a free appropriate public education to all children with disabilities. 20 U.S.C. §1412(a)(1). IDEA requires an IEP to include a statement of special education and related services that are necessary for the student. §1414(d)(1)(A)(i)(IV). TheUnited States Department of Education regulations implementing IDEA specifically includetransportation as a related service, if required to assist a child with a disability to benefit from special education 34 C.F.R. §300.34(a). Specialized equipment, such as special or adapted buses, lifts and ramps, must be specified in the IEP. §300.34(16)(iii). Most importantly for transportation contractors, the regulations explicitly state that school districts are required to ensure that related service providers, as well as any other service provider who is responsible for the implementation of a student’s IEP, have access to the student’s IEP. §300.323(d).
Accordingly, IEPs for students with disabilities that require transportation to school should identify any specific equipment and accommodations needed. Transportation contractors providing such individualized transportation services should be mindful of Pennsylvania law regarding specialized equipment. Notably, Pennsylvania regulations require wheelchairs and other mobility devices on specially equipped school buses to be secured in a forward-facing position at a minimum of four anchorage points with the securement devices installed and used as designated by the manufacturer. 67 Pa. Code §171.93(1). Wheelchair occupants must also be provided a three-point restraint for the lap and upper torso. §171.93(2). All securement and safety restraint equipment must comply with federal standards under FMVSS No. 222. §171.93(3). Pennsylvania regulations and guidance also address mechanical restraints, such as safety harnesses, and note that these may only be used if specified by an IEP and as determined by a medical professional and agreed upon by the student’s parents. 22 Pa. Code § 14.133(d).
Ultimately, when instructions to provide individualized transportation services to a disabled student are unclear, transportation contractors should consult the school district to clarify outstanding questions before improvising. Transportation contractors that are required to provide transportation using adapted vehicles or specialized equipment should be sure that that they are complying with applicable state and federal laws on same. Transportation contractors are also encouraged to train drivers and aides on the proper use of any specialized equipment, as well as how to identify and report damage or malfunction. If you have questions about providing specialized transportation under an IEP, email us at help@rckelly.com or call 215-896-3846.
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