In S.M. v. Freehold Regional High School District Board of Education, No. 24-1299, 2025 WL 1565359, 125 LRP 16316 (3d Cir. June 3, 2025) (unpublished), the Third Circuit affirmed administrative and district court decisions rejecting a compensatory education claim premised on the scope of transportation as a related service under the Individuals with Disabilities Education Act (IDEA).
The case involved a student with autism and severe developmental disabilities who required extensive assistance and was described as very difficult to manage, even with the help of multiple adults. The parent argued that because the school district was required to provide transportation as a related service, it was also obligated to provide a morning aide to assist the student in getting ready for school before pickup. The claim was framed as a failure to provide required related services and sought compensatory education.
The court rejected that theory. It concluded that the district satisfied its statutory obligation by providing transportation to and from school with an aide assigned during transport. Although IDEA defines related services to include transportation required to assist a child with a disability to benefit from special education, the court held that no reasonable construction of that obligation extends to services provided before the student is picked up for school. Services antecedent to pickup, the court explained, fall outside the scope of transportation as defined in 20 U.S.C. § 1401(26)(A).
The decision reflects that a school district’s duty to provide transportation as a related service under IDEA is limited to services connected to travel to and from school, and does not extend to assistance provided in the home before pickup, even where a student has significant disabilities and requires substantial support.