Transportation as a Related Service Update

District Guidance for Students Attending Nonpublic Schools 

House Bill 33 of the 135th General Assembly included an important update for school districts to be aware of regarding their requirements to provide transportation as a related service.  Specifically, Section 3327.01 of the Ohio Revised Code now requires: 

A board of education shall provide transportation as a related service for all children with disabilities living in the school district who are enrolled in a nonpublic school if the school district is provided with supporting documentation from the child's individual education program developed pursuant to Chapter 3323. of the Revised Code or an individual service plan developed pursuant to section 5126.41 of the Revised Code. 

As a result of this update, the Department of Education and Workforce is providing the following guidance to assist districts with implementing this new provision. 

It is important to remember that where Ohio’s transportation requirements are above and beyond those required under federal law, a district must still provide the required transportation in order to comply with Ohio law, even if it is not required under federal law. 

General Questions


General Questions

Is a district required to provide transportation to all students with a disability living in the school district under this provision?

No, the district is only required to transport students with a disability living in the school district under this provision if the student has transportation listed as a related service on the student’s Individualized Education Program (IEP) or county board of developmental disabilities individual service plan.  

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What is a related service?

Under IDEA, 34 CFR 300.34, “related services” means, in part, transportation, including travel to and from school and between schools, travel in and around school buildings, and specialized transportation equipment, and such developmental, corrective, and other supportive services as are required to assist a child with a disability to benefit from special education. 

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Are districts required to transport students in grades 9-12 to a nonpublic school if the student has transportation listed as a related service on their IEP?

Yes, this provision applies to all students who have transportation listed as a related service on their IEP, regardless of their grade level.  Students with a disability who do not have transportation listed as a related service, are attending a nonpublic school and are in grades nine through twelve may still be offered transportation by their school district in accordance with local board rules but are not entitled to transportation. 

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Are districts required to transport students to a nonpublic school if the student lives less than two miles from that school or if travel time to that school would be greater than thirty minutes?

Yes, this provision applies to all students who have transportation listed as a related service, regardless of the distance the student lives from the nonpublic school or the travel time needed to reach that school. 

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Can a district still declare a student impractical to transport if the student has transportation listed as a related service on their IEP?

Yes, pursuant to section 3327.02 of the Ohio Revised Code, a district, after considering the required factors, may determine it is impractical to transport a student and instead offer payment in lieu of providing such transportation to students. This applies to all students eligible for transportation to and from school under section 3327.01 of the Ohio Revised Code, including students who have transportation listed as a related service on their IEP. 

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Are districts required to provide transportation to and from school for their native students enrolled in a STEM school in the same manner that they provide transportation to their native students enrolled in nonpublic schools?

Yes. Unless a STEM school is providing its own transportation, districts must provide transportation to and from school for its district's native students enrolled in the STEM school in the same manner that section 3327.01 of the Revised Code requires for its native students enrolled in nonpublic schools.  STEM students with IEPs that have transportation as a related service are to be transported in the same manner as nonpublic students who have transportation as a related service. 

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Last Modified: 2/9/2024 7:11:18 AM