Students Receiving Special Services Defined

STUDENT WHO REQUIRES SPECIALIZED TRANSPORTATION 

A student with a disability who requires specialized transportation to access his or her academic program and certain other related services must:

meet all three of these requirements:

• the student is eligible under the TEC 29.003 and Part B (Public Law 101-476) and Part H (Public Law 102-119) of the Individuals with Disabilities Education Act of 1990 and subsequent amendments;
• the student would be unable to attend school and benefit from his or her special education program of instruction (including extended school year programs and community-based transitional life skills training) or developmental, corrective, and other supplementary supportive services without being provided special transportation as necessary related service, as determined on an individual (case-by-case) basis; and 
• the student has the requirement for special transportation properly documented by a duly authorized admission, review, and dismissal (ARD) committee in the student's individualized education program (IEP) as required related service to be provided by the district; 

OR

meet all three of these requirements:

• the student is eligible under Section 504 of the Federal Rehabilitation Act of 1973 and subsequent amendments:
• the student would be unable to attend school and benefit from his or her academic program of instruction without being provided special transportation as a necessary related service, as determined on an individual (case-by-case) basis; and
• the student has the requirement for special transportation properly documented by the district in the student's Section 504 accommodation plan. 

Students who receive special education or have Section 504 plans but do not require specialized transportation to participate in their education programs are considered regular-program students for transportation purposes