Can a school refuse to transport my autistic son because of gas prices? They have for the last 3 yrs.?



Answers:
Students with disabilities have a right to related services to help them learn and receive the maximum benefit from their educational programs. Related services, according to IDEA, consist of "transportation and such developmental, corrective and other supportive services as are required to assist a child with a disability to benefit from special education." These services are to be determined on an individualized basis, not by the disability or category of the disability.

If a child needs any of these "related services" to benefit from his/her education, they must be written into the IEP.

Frequency and duration of services, as well as relevant objectives, should be included. Related services as defined by IDEA may include, but are not limited to the following:

*Audiology

*Counseling services

*Early identification and assessment of disabilities in children

*Medical services (for diagnostic or evaluation purposes only)

*Occupational therapy

*Parent counseling and training

*Physical therapy

*Psychological services

*Recreation

*Rehabilitation counseling

*School health services

*Social work services

*Speech pathology

*Transportation

The regulation does not limit related services to those specifically mentioned above. If a child requires a particular service to benefit from special education and that service is developmental, corrective or supportive, it is also a "related" service and should be provided. It does not have to be expressly listed in the regulation. Examples of these kinds of services may include a full or part-time aide or assistive technology, such as a computer.
No, they cannot. According to the law, they must transport him to school and home from school. It is covered under the "Individuals With Disabilities Education Act" or IDEA.

Under General Information of the IDEA handbook is written:

NOTICE
Your school district must give you written notice whenever it:
1: Proposes to initiate or to change the identification, evaluation, or educational placement of your child, or the providion of a free appropriate public evaluation (FAPE) to your child;

it goes on to say much more about filing a complaint, etc.

Here's a website for you:http://www.wrightslaw.com/idea/index.htm...
Nope, not at all. Ask for prior written notice as to why they won't provide transportation...and ask in writing NOW.

You might have to call the director of special services for your school district and ask about it, especially if the school won't provide PWN.

Good luck, I hate the way schools treat parents.
In my state, the issue of transportation is addressed in the child's I.E.P.The individual education plan states if the child qualifies for free transportation.I agree that you should contact your Special Ed. Director.
OH my god schools will do ANYTHING to get out of doing ANYTHING having to do with special ed.

What you do is write a letter to your district special ed director, stating what you have been told. Send a copy to superintendent and your state dept of education.

In this letter, ask for a copy of their written policy that states they can not transport students due to high gas prices.
((HAHAAHA ! I LOVE IT!!))

And in this letter, request 'prior written notice' for their refusal of transportation. They have to have LEGAL reasons for refusing this , and we all know high gas prices are not a legal reason for refusing transportation.

Get the letter to them the sooner the better, and the bus will be at your house in no time...

I have heard of some doozies before of crap that schools pull, but this has GOT to be the FUNNIEST...

I FORGOT TO TELL YOU THIS...

Keep up with the amount of miles you have used taking your child to and from school, they are suppose to reimburse you for this.
Absolutely not. If he is provided transportation as stated in his IEP, then they must provide it. Cost can NEVER be a determining factor.
What a load of hogwash! They absolutely cannot refuse on these grounds. For one thing, it's the law. For another thing, there is past practice (They've done it for the past 3 years). The only possible option is if they can find comparable services that are closer *and* they present this at a meeting *and* you as the parent agree with it. Or if the school and the outside provider can truly justify that the service is no longer needed. But the gas price argument is insane! -Just casually mention that you may be bringing a lawyer into this and watch how accommodating they become. I work in a school, so I know that parents sometimes can make unreasonable requests, but there's no wiggle room here.
The other answerers are correct, a PUBLIC school must provide transportation if it is written into your child's IEP. However, if this is a PRIVATE or CHARTER school this is not the case. It depends on what type of school your child attends.

Assuming it is a public school, it sounds as though your child is out of the area of his neighborhood school. The district may look at reassigning him to a school closer to home, so be prepared for that argument.

Good luck!
Your district cannot change your son's IEP without notifying you. If they have notified you that they are going to change, you MUST deny them in writing, or they have the right to change it without your permission. However, if you do give them written notification that you will not allow the change, the school MUST use the last available IEP until the matter is solved. That means that the district must continue to provide transportation services until the matter is resolved. Good luck!

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