POLICY LETTER: June 21, 2012 to Edward Sarzynski

June 21, 2012Mr. Ed SarzynskiP.O. Box 660Binghamton, New York 13902-0660Dear Mr. Sarzynski:This is in response to your letters to Patricia Guard, former Deputy Director of the Office of Special Education Programs (OSEP). I apologize for the delay in our response. Your letter asks three questions related to OSEP's Questions and Answers on Serving Children with Disabilities Eligible for Transportation (Questions and Answers on Transportation), specifically related to our response to question H-1: If transportation is included in the individualized education program (IEP) for a child with a disability who has documented behavioral concerns on the bus, but not at school, when may a school district suspend the child from the bus for behavioral issues and not provide some other form of transportation to and from school? Your questions and our responses are below.Question 1: If transportation is in the student's IEP, and if a suspension fBased on section 607(e) of the IDEA, we are informing you that our response is provided as informal guidance and is not legally binding, but represents an interpretation by the U.S. Department of Education of the IDEA in the context of the specific facts presented.I hope this information is helpful. If you have additional questions, please feel free to contact Ms. Angela Tanner-Dean at 202-245-6320, or by email at HYPERLINK "mailto:Angela.Tanner-Dean@ed.gov" Angela.Tanner-Dean@ed.gov.Sincerely,/s/Melody Musgrove, Ed.D.DirectorOffice of Special Education Programscc: State Director of Special EducationThe document Questions and Answers on Serving Children with Disabilities Eligible for Transportation can be found at: http://idea.ed.gov/explore/view/p/%2Croot%2Cdynamic%2CQaCorner%2C12%2C Page PAGE 2 Mr. Ed Sarzynski

June 21, 2012Mr. Ed SarzynskiP.O. Box 660Binghamton, New York 13902-0660Dear Mr. Sarzynski:This is in response to your letters to Patricia Guard, former Deputy Director of the Office of Special Education Programs (OSEP). I apologize for the delay in our response. Your letter asks three questions related to OSEP's Questions and Answers on Serving Children with Disabilities Eligible for Transportation (Questions and Answers on Transportation), specifically related to our response to question H-1: If transportation is included in the individualized education program (IEP) for a child with a disability who has documented behavioral concerns on the bus, but not at school, when may a school district suspend the child from the bus for behavioral issues and not provide some other form of transportation to and from school? Your questions and our responses are below.Question 1: If transportation is in the student's IEP, and if a suspension fBased on section 607(e) of the IDEA, we are informing you that our response is provided as informal guidance and is not legally binding, but represents an interpretation by the U.S. Department of Education of the IDEA in the context of the specific facts presented.I hope this information is helpful. If you have additional questions, please feel free to contact Ms. Angela Tanner-Dean at 202-245-6320, or by email at HYPERLINK "mailto:Angela.Tanner-Dean@ed.gov" Angela.Tanner-Dean@ed.gov.Sincerely,/s/Melody Musgrove, Ed.D.DirectorOffice of Special Education Programscc: State Director of Special EducationThe document Questions and Answers on Serving Children with Disabilities Eligible for Transportation can be found at: http://idea.ed.gov/explore/view/p/%2Croot%2Cdynamic%2CQaCorner%2C12%2C Page PAGE 2 Mr. Ed Sarzynski