What legal rights do students have?
By Diane Wiscarson, Attorney at Law
School transportation is frequently a source of confusion, and even frustration, for students with Individual Education Programs (IEPs) and their families. When does the district have to provide transportation? Who decides how and when transportation occurs? Is transportation on my child’s IEP? How do I know what my rights are for my child’s transportation? Can my child have an aide on the bus? These are a few questions that come up every year before school starts, and for summer services.
Under the Individual with Disabilities Education Act (IDEA) transportation “as may be required to assist a child with a disability to benefit from special education” is a related service to be discussed at an IEP meeting. Transportation includes travel to/from school, travel between schools, and travel in and around school buildings. This article focuses on travel to/from school, and your child’s right to transportation.
Transportation decisions are made at IEP meetings on an individual basis. If a student with an IEP cannot get to/from school the same way as non-disabled students for a disability-related reason, then the district must provide transportation for the student. This generally means door-to-door transportation, both ways, between home and school. If the student needs transportation to benefit from education, the district supplies that transportation.
Read more. This article initially appeared in the Summer 2017 issue of Spectrums Magazine.