District Must Provide School-to-School Transportation Under CAP Transfer Policy

What Happened

Student was a six-year-old boy with a specific learning disability who attended first grade at Lassen Elementary School in Los Angeles Unified School District. He received special education related services including resource specialist support and speech and language services, spending 98 percent of his day in a general education classroom. Student's neighborhood school was Santana Arts Academy, but in October 2012 the District moved him to Lassen Elementary under its Capacity Adjustment Program (CAP) because Santana was over-enrolled.

During the 2012–2013 school year, the District had provided Student home-to-school transportation under a settlement agreement, but that agreement explicitly stated transportation would not carry over as a "stay put" right into the following year. At Student's May 2013 annual IEP meeting, the District evaluated whether transportation should be offered for 2013–2014. Parents argued Student needed door-to-door transportation because of his history of fever-induced seizures, sensitivity to heat and cold, Mother's inability to drive, and Father's demanding work schedule. The District disagreed and offered no transportation at all. Parents filed for due process.

What the ALJ Found

The ALJ's ruling was split. On the question of home-to-school transportation based on medical need, the ALJ sided with the District. Student's two febrile seizures had occurred more than four years before the IEP and he had not suffered one since. No physician ever provided a medical order stating that Student's exposure to heat or cold required transportation restrictions. Student's own primary care doctor declined to write such an order, offering only that Parents would prefer Student avoid severe temperature extremes. Student also had no documented school nurse visits for illness during the entire 2012–2013 school year. The ALJ found this evidence insufficient to establish that Student was "medically fragile" under the District's Transportation Guidelines. The parent's need for convenience — Mother's inability to drive and Father's work schedule — is not a valid basis for special education transportation under federal or state law.

However, the ALJ found the District did deny Student a FAPE by failing to offer school-to-school transportation between Santana Arts Academy (Student's school of residence) and Lassen Elementary (his school of attendance). The District's own Transportation Guidelines — developed specifically to guide IEP teams — stated that transportation "is provided" as a related service when a student is placed at a school other than their home school. Additionally, the District's own CAP procedures entitled all students transferred under that program — disabled or not — to transportation. The IEP team never even considered school-to-school transportation as an option. The District argued that Student's parents had made Lassen his "home school" by agreeing to the transfer, but the ALJ rejected this, noting there was no evidence Parents waived any transportation rights when they agreed to the CAP placement.

What Was Ordered

1. The District must provide Student transportation between his school of residence (Santana Arts Academy) and his school of attendance (Lassen Elementary School) until his next IEP.
2. If Student's residence or school of attendance changes before the next IEP, the District must continue providing transportation between his school of residence and school of attendance until an IEP team meets to determine eligibility.

Why This Matters for Parents

1. If your child was transferred to a non-neighborhood school by the district, ask about school-to-school transportation. When a district moves a student to a school other than their neighborhood school — especially under programs like the CAP — the district's own policies may automatically entitle that student to transportation. This right applies whether or not the student has a disability. Make sure the IEP team actually considers this option.

2. Medical necessity claims for transportation require documentation from a doctor. If you believe your child needs transportation because of a health condition, a doctor's note saying parents "would prefer" certain conditions is not enough. You need a physician's written medical order specifically describing the condition and what environmental restrictions are required. Without it, the District cannot be expected to act.

3. Agreeing to a district transfer does not automatically waive your child's transportation rights. The ALJ found that Parents did not give up future transportation rights simply by consenting to the CAP transfer. If you agree to a placement change, make sure any written agreement clearly spells out what transportation rights are — and are not — being waived.

4. Personal hardship is not a legal basis for special education transportation. Federal and state law only require districts to provide transportation when the student needs it to access their education — not because of a parent's schedule, disability, or inability to drive. These are real and valid family concerns, but they must be addressed through other means.