J.S. ex rel. A.S. v. W. Morris Reg'l High Sch. Bd. of Educ
The United State District Court for the District of New Jersey found that a disability or limitation that underlies the IEP does not have to be the reason that transportation services are required.
The IDEA states that transportation is a related service that is designed to enable a child with a disability to receive FAPE, even if a child has no ambulatory impairment that creates a “unique need” for some form of specialized service. Transportation is a service that should be provided if it is deemed necessary for a disabled child to benefit from special education.
In the case at hand, the Court found that door-to door transportation from the child’s home was necessary for the child to receive FAPE, as the child needed a bus to travel to Sage.
They further concluded that even though the child did not demonstrate any physical limitations, the child could not get to the drop-off/pickup location designated by the district without traversing a dangerous mountain road. Therefore, transportation was a necessary service to be provided by the district.
