Header:
OHIO ADMINISTRATIVE CODE ANNOTATED
3301 DEPARTMENT OF EDUCATION – ADMINISTRATION AND DIRECTOR
CHAPTER 3301-51 EDUCATION OF STUDENTS WITH SPECIAL NEEDS
Date:
09/28/2012
Document:
3301-51-10. Transportation of children with disabilities.
(A) Definitions. (1) The term disabilities includes the following: autism, deaf-blindness, deafness, hearing impairment, mental retardation, multiple disabilities, orthopedic impairment, other health impairment, serious emotional disturbance, specific learning disability, speech or language impairment, traumatic brain injury, and visual impairment including blindness.
(2) Special transportation means vehicle transportation service directly related to the child's disability and required by the individualized education program or any applicable state or federal law.
(3) Transportation means travel to and from school, between schools, and in and around school buildings, and may include the following:
(a) Travel to and from school, between schools, and in and around school buildings during normal school hours and outside of normal school hours if included on the individual education program.
(b) Specialized equipment, such as special or adapted vehicles, lifts, and ramps, if required to provide special transportation for a child with disabilities.
(c) Fitting and/or retrofitting vehicles with specialized equipment, such as car seats, securement systems, and harnesses.
(d) Employment of aides for particular special education vehicles if deemed necessary by the school district.
(e) Other travel that may be arranged by the school district with no reimbursement from the state.
(4) School district means city, local, exempted village, county board of education, or county board of mental retardation and developmental disabilities, for purposes of this rule.
(5) Children with disabilities in this rule refers to those aged three through twenty-one.
(6) Weekend travel on Saturday or Sunday for residential schools is permitted.
(7) Department means the Ohio department of education.
(B) State residential schools. (1) This section refers to the Ohio state school for the blind and the Ohio state school for the deaf.
(2) Reimbursement for transportation to and from the school district of residence shall be approved by the department, center of school finance, for eligible children with disabilities placed in the Ohio state school for the blind and the Ohio state school for the deaf.
(3) Reimbursement claims for weekend travel and/or daily travel are to be submitted on the appropriate department, center of school finance form.
(C) Eligibility. (1) Reimbursement for special education transportation may be approved by the department's office of pupil transportation for children with disabilities attending a special education program approved by the department's office for exceptional children, and/or attending a regular class in a public school.
(2) School district transportation personnel shall be consulted in the preparation of the individualized education program when transportation is required as a related service and when the child's needs are such that information to ensure the safe transportation and well-being of the child is necessary to provide such transportation.
(3) When required by the individualized education program, specialized service and door-to-door transportation will be provided based upon the unique needs of an individual child.
(4) A community school governing board shall provide or arrange transportation free of any charge for any disabled student enrolled in the school for whom the student's individualized education program specifies transportation.
(5) For transportation purposes, a child with disabilities attending a nonpublic school, placed by parent, guardian, or others, shall be entitled to transportation the same as any child without disabilities attending a nonpublic school in accordance with section 3327.01 of the Revised Code.
(D) General requirements. (1) Each school district shall establish its own reasonable travel time. Travel time is defined as beginning at the initial pickup of the child and ending with the final arrival at the school destination.
The school district shall develop its travel time standard, approved by the individual board of education, and shall consider the following factors: age of child, condition of disability, geographic size of school district, location of special education class, traffic patterns, and roadway conditions.
(2) Those who transport eligible children with disabilities must comply with the appropriate provisions of the rules 3301-83-03 to 3301-83-22 of the Administrative Code.
(3) Drivers and transportation aides must have access to appropriate information about the child to the degree that such information might affect safe transportation and medical wellbeing while being transported. This information must be accessible in the school transportation office and is confidential.
(4) Emergency evacuation and other pertinent safety precautions must be considered by school districts deciding upon the appropriate transportation services for children with disabilities.
(5) All vehicles used must be authorized vehicles as defined in rule 3301-83-19 of the Administrative Code. A privately owned vehicle utilized to transport a pupil of the family is not subject to regulation other than that required by state law.
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