Transportation

According to OCR Case 03-97-1006 (1997), bus suspensions are not counted when they do not prohibit attendance at school and when bus transportation is not covered by the student’s accommodation plan. This position takes into account that suspension from the bus is not suspension from the educational program or FAPE services; the student is still required and permitted to attend school and participate in his/her educational program and receive all FAPE services. However, school districts should consider whether behavior on a school bus is similar to behavior in the classroom and needs to be addressed in the Section 504 accommodation plan.

In a December 1993 letter to the Texas Association of Section 504 Coordinators and Hearing Officers, OCR determined that disciplinary rules regarding whether a manifestation determination is required under Section 504 apply to bus suspensions only if the transportation is being provided to a student with a disability as a related service listed on the 504 accommodation plan.

Next: Click to proceed to Module 6 — Comparison of Section 504 and IDEA 2004.