According to OCR, bus suspensions are not counted when they do not prohibit attendance at school and when bus transportation is not covered by the student’s Section 504 plan (OCR Case 03-97-1006). 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 plan.

Next: Click to proceed to Module 9 — Comparison of Section 504 and IDEA 2004.