Answer: This would depend on the nature of the “problems”, and other accommodations that might be put in place to address them. The bottom line is that the district does need to provide transportation to the school of origin. So while McKinney-Vento does not supersede discipline policies, it usually is in both the district’s and the student’s best interest to try to find a way to make the bus transportation work. If it is a serious safety issue, then the district may have to remove the student from the bus. In that case, the district will need to find another transportation option. If a parent driving is not an option, you may need to look at a taxi or other arrangement.

The only legal reason not to provide transportation to the school of origin is if a determination is made that it is not in the child’s best interest to remain at the school of origin. The behavior issue may rise to the level of changing the best interest determination, but there would be a lot of other factors involved in that determination.

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