Are you a parent of a child with autism or a disability who has special education services? Does your child need transport services? Do special education personnel think it is not true about what the Federal Special Education Act [IDEA 2004] says about traffic? This article describes five lies that are commonly told about transportation to parents. There are also discussions on how to overcome these lies to help your child receive the necessary transport services.
Lie 1: We can keep your child on the bus as long as you want. IDEA 2004 does not mention the length of the bus, but the long distance of the bus can have a negative impact on the child's education [stress, negative behavior]. 1993] Getting on the bus for a long time can be discriminatory and the FAPE can be rejected. Why is it so discriminatory to take a long bus? If a child with a disability has been on the bus longer than a child without a disability, this may be considered discrimination.
Lie 2: No one says we need to provide transport to your child and we don't go. Transportation is considered a related service and should be provided to the child if the child needs the service to receive a free appropriate public education [FAPE].
Lie 3: The Director of Transportation decides whether the child needs transportation, not the IEP team. In a document titled OSEP's “Questions and Answers to Services for Children with Disabilities with Transport Qualifications”, OSEP says, “The IEP team helps disabled children to benefit from special education and related services. We are responsible for determining if you need transportation for ... "If your child needs transportation, make sure it is listed as a related service in your child's IEP. If you are not on a regular educational bus].
Lie 4: The state says you can take your child to school late 15 minutes every day and take her 15 minutes early due to transportation issues. Ask the school to show you when writing a document that proves they have the right to do what you want. In the example above, “Show me in writing that the State Department of Education is allowing the lack of education due to transportation problems!”
In fact, the above OSEP document reveals that the school days for children with disabilities cannot be longer or shorter than those for general education students. This also denies FAPE because children have less time to receive education.
Lie 5: If you want your child to participate in extracurricular activities, you must provide transportation. Indeed, IDEA 2004 states that children with disabilities have the right to transport for after-school activities as well as extracurricular activities. Also make sure that extracurricular activities are listed in your child's IEP and that you need transportation to participate in the activities.
How do you overcome these transport lies?
1. Learn about the transport requirements of IDEA 2004 [Federal Special Education Act]. I use Peter and Pam Wright's book Special Education Law 2nd edition, which is great. More advocacy information for this book and parents can be found at http://www.wrightslaw.com.
2. Call the State Parent Training and Information Center [PTIC] to assist in advocating traffic issues.
3. Bring all of the above information to the IEP meeting to support your support.
Good luck with advocacy!
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