FRISCO, Texas — Betsey Helfrich said school district polices never trump the Individuals with Disabilities Education Act or Section 504 of the Rehabilitation Act. “There is always an exception for a child with a disability,” said the special education legal expert during her keynote address, Avoiding the Bumps & Legal Hazards in Student Transportation, Saturday during the Transporting Students with Disabilities (TSD) and Special Needs Conference.
Helfrich, who practices special education law in Missouri and Kansas, provided an overview of legal updates, court cases and compliance practices in student transportation. She focused on students with disabilities under IDEA and Section 504. The session emphasized how transportation decisions intersect with legal requirements, equity and student safety, urging districts to train staff, document decisions and avoid blanket policies.
Despite current events on the federal level, such as the proposed closing the U.S. Department of Education’s Office for Civil Rights (OCR) and funding cuts, IDEA and Section 504 remain fully in effect. Congress would need to vote to disband the U.S. Department of Transportation as well as where IDEA and Section 504 oversight would move to. Funding shifts do not change the underlying rights, she said.
She provided brief overview of each law, noting that attendees in the room should go back to their school districts and teach their school bus drivers the same thing, so they understand the importance of federal requirements.
IDEA is a funded law requiring Individualized Education Programs (IEPs). Transportation can be a “related service” if necessary for a student to benefit from an free and appropriate public education, or FAPE, in the least restrictive environment, or LRE. Section 504 is a civil rights law focused on equal access and nondiscrimination. It is broader, older and less specific than IDEA, and not tied to any monetary gains. She said Section 504 has not been updated since it was written in 1977.
Typically, Helfrich said, students should not have both an IEP and a 504 plan, as everything in the IEP is essentially a contract. She advised being cautious with automatic decisions like “door-to-door” transport, noting that the IEP team must determine needs on a case-by-case basis.
She provided court case examples, citing instances in which parents won and others which districts won, depending on the request and circumstances. She particularly stressed the importance of avoiding discrimination on field trips, extracurricular activities and other events.
For districts that rely on policy, she said they are opening themselves up a lawsuit, as “we don’t do that here” is not a legal defense.
An attendee told School Transportation News following the keynote that Helfrich is very knowledgeable and was able to speak globally on transporting students with disabilities. Even though she touched on different states, the attendee said the rules are the same, because the laws are the same.
The attendee from Maryland said she will be involved in a case next week. She noted that while her school district policy says one thing, it doesn’t mean it meets the needs of the student and federal law. “That was a huge eye-opening moment for me,” she said, noting that they shouldn’t be saying some things as it not legally true.
Helfrich said IEPs should specify supports like wheelchair lifts, on-board attendents or aides, and climate-controlled buses, but parents cannot dictate who drives the student and the type of vehicle used, unless it is pertinent to the child’s disability.
She reminded attendees to inform contractors of relevant IEP details, as they are part of the need-to-know under the Family Educational Rights and Privacy Act, or FERPA, that protects student records. It is different from HIPAA, or the Health Insurance Portability and Accountability Act, which protects personal health information.
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Students with disabilities also have additional rights regarding behavior and discipline. However, school bus suspensions over 10 days will trigger a Manifestation Determination Review, where the behavior will be evaluated to determine if it is related or not to a student’s disability.
She said school bus drivers should be trained on Behavior Intervention Plans (BIPs), including triggers and calming strategies. Plus, Helfrich said when a child needs to be searched due to reasonable suspicion of having a weapon, she advised having policies and procedures in place. For instance, does the school bus driver search the child or call for assistance?
While Section 504 provides for the reasonable accommodation of service animals and protects students from being discriminated against for using them, she cautioned the attendees to know the difference between service animals and emotional support animals. Only trained service animals performing tasks are protected under the broader ADA. Emotional support animals are not.
In conclusion, Helfrich advised attendees to train all staff, especially school bus drivers, on IDEA, Section 504 and district procedures. Document all staff participation and policy adherence. She underscored the importance of collaboration with special education and IEP teams before making unilateral changes to the IEP in terms of transportation. She noted the importance of reviewing and updating polices to avoid blanket decisions or discrimination risks and to plan for staff absences and service disruptions.
