Community Complaint Regarding Special Education Transportation
South Kitsap School District

I am submitting this complaint on behalf of parents and families of students receiving special education services within the South Kitsap School District who have been impacted by recent changes to special education transportation.

I am both a parent of a child with significant disabilities and a professional who works with children with disabilities in our community. I own a pediatric therapy practice in Port Orchard, hold a Master’s degree in Special Education, am a Licensed Assistant Behavior Analyst (LABA) and am currently eligible to pursue certification as a Board Certified Behavior Analyst (BCBA). I also hold a Board Certification in Special Education Advocacy through NASET/BCASE.

This school year, families were informed that the District would no longer provide transportation directly to or from a student's residence when the residence is located on a road the District considers "private," regardless of the student's disability or individual safety needs.

This is particularly concerning in the South Kitsap community because many families live in established residential developments where the roads are paved, maintained, and regularly traveled but are privately owned or maintained by homeowners' associations.

The application of a blanket transportation policy to students with disabilities raises serious concerns under both the Individuals with Disabilities Education Act (IDEA) and Washington special education regulations.

Under 34 C.F.R. § 300.34(a) and (c)(16), transportation is specifically recognized as a related service under IDEA when it is required for a child with a disability to benefit from special education. Federal guidance further explains that the IEP team is responsible for determining whether transportation is required and how transportation services should be implemented for an individual student.

Washington law similarly recognizes transportation as a related service under WAC 392-172A-01155. Additionally, WAC 392-172A-02095 specifically establishes transportation options for students eligible for special education and requires consideration of the welfare of the student.

Our concern is therefore not simply whether the District has a transportation policy regarding private roads. Our concern is whether that policy is being applied in a manner that overrides the individualized determinations required by IDEA and students' IEP teams.

For some students, requiring them to travel from their residence to a designated bus stop may present significant disability-related safety concerns. Students affected by this policy include children who experience:

• Elopement or lack of danger awareness
• Significant mobility or gait impairments
• Blindness or significant visual impairment
• Deafness or significant hearing impairment
• Intellectual or developmental disabilities affecting safety awareness
• Behavioral or medical conditions that make accessing a traditional bus stop unsafe

In some areas, families are being asked to bring these students to locations along major roads, including areas without sidewalks or other safe pedestrian access.

For these students, the location of transportation pickup and drop-off is not merely a matter of convenience. It can be directly related to the student's disability, safety, and ability to access their educational program.

We are particularly concerned by reports from families that they have been told this change is required by "law" or District policy. We respectfully request that the District identify, in writing, the specific federal law, Washington statute, Washington Administrative Code provision, or District policy that it believes prohibits a special education school bus from traveling on a private residential road.

We are further requesting that South Kitsap School District:

Immediately review the application of this transportation policy to students receiving transportation as a special education related service.
Ensure transportation decisions for students with disabilities are made individually through the IEP process and take into consideration each student's disability, mobility, communication, behavioral, medical, and safety needs.
Review situations in which students are being required to access bus stops that may be unsafe because of traffic, lack of sidewalks, distance, terrain, elopement risk, sensory disabilities, mobility limitations, or other disability-related factors.
Provide families with the specific written law and District policy being relied upon when the District states that buses cannot access privately maintained residential roads.
Provide an appropriate individualized transportation solution when a student's disability-related needs make the District's designated pickup or drop-off location unsafe or inaccessible.
Attached/below are signatures and statements from South Kitsap families who have been directly affected by this change.

Our goal is not to create unnecessary conflict with the District. We want to work collaboratively toward a solution that protects students, complies with special education law, and recognizes the very real transportation challenges facing our community.

At the same time, administrative convenience or a generally applicable transportation policy cannot replace the individualized decision-making required for students receiving special education services.

These children deserve safe and meaningful access to their education. We respectfully request prompt review and corrective action regarding this issue.