FAPE Applies to Busing

It is that magic time called "Back to School."  For most of my clients it is not so magic, more like nerve racking. Transportation seems to be  the first issue that rears its ugly head:

• Review the route with the necessary school personnel.  It seems like every year the route changes and often to make things longer for the child and more cost effective for the school.  Most states have regulations or guidelines for special education transportation. As a general rule transportation of an hour or more each way is likely not appropriate.
• A vital point to remember is that transportation is part of the entitlement to FAPE. In other words it needs to be appropriate to meet your child's needs. 
• Every year the bus company plays a little game with us "remove the seat belt and harness belt."  This year we are on round three of the game. There is a shoulder belt in a position that is too high and not safe, and no lap belt.
• Some school district's employ the catchall excuse "it is the bus company; we can't do anything." Just because they contract and delegate responsibilities to the bus company does not change their FAPE duties under IDEIA. The buck and the bus stops at the school and they have ultimate responsibility for the safety and appropriateness of the transportation.
• Beware of clock creep ! No it is not a bad 'B' horror movie, I am referring to the tendency of buses to bring children home either later and later each day which raises concerns as to where they have been, or earlier and earlier indicating that the school day is being cut short eliminating instructional time.
• If your child has medical/behavioral issues that effect the ability of him or her to be transported do not be shy about asking for a bus aide.  I recently had a doctor tell me that if I asked for a bus aide they would simply deny me transportation all together; wrong answer, but not an uncommon perception.

Comments

[Penny]

More: A child under the legal minimum weight for seatbelts can ride the bus in a carseat, regardless of age; and the bus company must provide a carseat that's up to code and properly installed. Every year I fight this one--and every year, on the first day of school, a bus arrives at my house without a carseat. Tomorrow's their next chance ... think it'll happen? Grrrr.

[Sue]

Our son got private placement this year. The bus rides to and from school were 2 hours or longer each way. This is a dirty little secret in our school system. Apparently, having jumped through all the hoops to get private placement for our kids, many parents stop fighting when it comes to the bus ride lengths. I called the Maryland State Dept of Education to find out what I could do about these excessive bus rides. A Dr. Bluth told me that if the bus ride one way was over 1 hour and 45 minutes, then I had a basis for an actionable complaint. She also pointedly asked me if we had chosen the private special ed. school? I replied that we had but when I had driven my son there before bus service became available at the beginning of the school year, the drive only took me about 45 minutes. She told me that (paraphrased) I had to expect a longer bus ride because of increased traffic now that summer was over. Gee, I guess those 2 stops at other private special ed. schools had nothing to do with it. The bus co. told me that one child gets picked up at 5:45am to get to school by 8:15am in a town that would probably take 45 mins to an hour in rush hour traffic to get to.
Special education is still treated like a privilege our kids have to earn and pay for through commutes longer than most adults would willingly endure. (I drive my son to school in the mornings; he takes the bus in the afternoons since the 3:15 dismissal puts them in traffic before rush hour picks up and he is the last kid picked up and the first dropped off.)

[Carol Staton]

I have a question, is there a law that saids anything about a special ed bus going without a monitor or aid to help with the kids Am from Pflugerville Texas near Austin Texas and the bus company trying to tell me that they don't have to have a monitor on the bus with my special needs child Please help.

Response: Transportation is a part of FAPE so if there is an educational need for a bus aide it should be addressed in the IEP.

Charlie Fox

[Brenda May]

I have a question. Is there a law about how long a special needs student can be on a bus?

Ed: Usually a matter of state law or individual FAPE deermination at the IEP level.

[Steve Bergman]

My special needs daughter and her special needs classmates are being dismissed 25 minutes early from school because the bus has another route scheduled afterwards. I do not believe that this is appropriate and borders on discrimination. Any thoughts or applicable cases?