Are you the parent of a child with autism or a physical disability, that receives special education services? Does your child need transportation services? Do you think that special education personnel are not being truthful about what the federal special education law (IDEA 2004) says about transportation? This article will be discussing 5 lies that are commonly told to parents about transportation. Also, discussion on how to overcome these lies to help your child receive needed, transportation services.
Lie 1: We can keep your child on the bus for as long as we want. While IDEA 2004 does not address length of bus ride, long bus rides can be negatively affecting a child’s education (causing stress, negative behavior).The Office of Special Education Programs (OSEP) stated in a policy letter to anonymous (1993) that lengthy bus rides may be discriminatory, and may result in denial of FAPE. Why could a long bus ride be discriminatory? If children with disabilities are on the bus longer than children without disabilities, this could be considered discrimination.
Lie 2: No one says that we have to provide transportation to your child, and we are not going to. Transportation is considered a related service and needs to be given to a child, if they need the service so that they can receive a free appropriate public education (FAPE).
Lie 3: The transportation director makes decisions about whether a child needs transportation not the IEP team. In a document from OSEP entitled Questions and Answers on Serving Children with Disabilities Eligible for Transportation OSEP states “The IEP team is responsible for determining if transportation is required to assist a child with a disability to benefit from special education and related services… ” If your child needs transportation make sure that it is listed in your child’s IEP as a related service (if child not riding regular education bus).
Lie 4: The state says that we can bring your child to school 15 minutes late every day, and take her out 15 minutes early due to transportation issues. Ask the school to show you in writing any documentation that proves that they have the right to do what they want to do. In the above example you could ask for “Please show me in writing where it states that our State Department of Education is allowing cutting short of education due to transportation issues!”
Actually the above OSEP document makes it clear that the school day for a child with a disability should not be longer or shorter than the school day for general education students. Since a child would receive less educational time this could also be a denial of FAPE.
Lie 5: If you want your child to participate in extracurricular activities then you must provide transportation, we do not have to. Actually IDEA 2004 states that a child with a disability has a right to transportation for required after school activities as well as for extracurricular activities. Make sure that the extracurricular activity is listed on your child’s IEP, and also listed that they require transportation in order to participate in the activity.
How do you overcome these transportation lies?
1. Learn about transportation requirements in IDEA 2004 (which is the federal special education law). I use the book Special Education Law 2nd edition from Peter and Pam Wright, which is fantastic. This book as well as a lot more advocacy information for parents can be found at: http://www.wrightslaw.com.
2. Call your states Parent Training and Information Center (PTIC) for help with advocating for transportation issues.
3. Bring all of the above information to an IEP meeting to assist you in your advocacy.
Good luck in your advocacy!