Under:
603 CMR 28:00 Special Education Laws and Regulations
6) When a parent provides transportation.
If a parent provides transportation to an eligible student requiring special transportation consistent with the requirements of 603 CMR 28.05(5)(b), the school district shall reimburse such parent the prevailing rate per mile for state employees. Reimbursement shall be for no more than the round-trip distance between the home and the school for school attendance and school-sponsored extracurricular activities. Mileage shall be determined based on a direct route between the student's home and school. No parent shall be obligated to provide such transportation.
Under:
28.05: The Team Process and Development of the IEP
(b) Special transportation. If the Team determines that the student's disability requires transportation or specialized transportation arrangements in order to benefit from special education, the Team shall note on the student's IEP that the student requires special transportation. In such circumstances, transportation is a related service
The Team shall determine necessary modifications, special equipment, assistance, need for qualified attendants on vehicles, and any particular precautions required by the student and shall document such determinations in the student's IEP. If specialized arrangements can be provided on regular transportation vehicles, the school district shall make such arrangements.
(i) The district shall arrange to have eligible students who use wheelchairs transported in vehicles that do not require such students to be removed from their wheelchairs in order to enter or leave the vehicles; provided, however, that this requirement shall not be applicable where a Team or the student's physician recommends that the student regularly transfer in and out of conventional vehicles to or from a wheelchair for therapeutic or for independence training reasons.
(ii) The Team shall specify whether the student requires assistance in or out of the home, on or off of the vehicle, and in or out of the school. If such assistance is specified, the district shall ensure that it is provided.
(iii) The Team shall specify if the student has a particular need or problem that may cause difficulties during transportation, such as seizures, a tendency for motion sickness, behavioral concerns, or communication disabilities.
If special transportation is noted on the student's IEP, the student is entitled to receive transportation services to any program provided by the public school and in which the student participates.
If special transportation is noted on the student's IEP and the student is enrolled by his or her parents in a private school and receiving services under 603 CMR 28.03(1)(e), the school district's obligation to provide transportation shall be limited to transportation services within the geographic boundaries of the school district.
(c) In no event shall a school district allow transportation considerations to influence, modify, or determine the educational program required by any student in need of special education.
mileage reimbursement for parents who:
- Provide transportation for their child; and
- The transported child is eligible for special education and requires special transportation according to the special education regulations at 603 CMR 28.05(5)(b); and
- Transport is for school attendance and school-sponsored extracurricular activities; and
- Transport occurs with the knowledge and agreement of the school district; and
- The parent voluntarily provides transport.
As of September 12, 2005, state employees are eligible to receive 40¢* per mile reimbursement. I remind you that the regulation at 603 CMR 28.07(6) requires that school districts reimburse parents at the same rate as state employees. Forty cents per mile represents an increase of 12¢ over the previous rate of 28¢ per mile. Mileage is determined based on a direct route between the student's home and school and no parent is obligated to provide such transportation.
The Department has received questions regarding implementation of this regulation and provides the following additional guidance:
- This regulation pertains to parents providing transportation for their children who have "special transportation" listed in their IEPs, and does not pertain to students who do not require "special transportation."
- The reimbursement for parent-provided transportation pertains to school attendance and school-sponsored events, to the extent agreed upon by the district in advance.
- Parents are not eligible for reimbursement when providing transportation to a school event that is not either identified in the IEP or agreed to by the district in advance of the event.
- Typical reimbursement for school attendance is two round trips per day (getting to school and returning home) in a direct route between the student's home and school. However, if the parent is employed and provides transportation to the child on the way to or from work, transportation reimbursement is only for the distance between home and school when the student is in the vehicle.
- Parents are not eligible for reimbursement if the school has provided for transportation and the parent decides not to use it without previous agreement with the school district.
* Norton Public Schools current parent travel reimbursement rate is .485¢ per mile.
