A link from The Gradebook:
Bus change for special-needs students worries parents - St. Petersburg Times
Please read the article for content as it speaks to "each side" (parent/LEA(local education agency))of the issue.
I take exception to this comment in the article:
so long as the district is meeting children's needs, officials say the district was not required to send notification about this year's changes.
This leads to a link to IDEA 2004:
IDEA 2004: Law and Regulations - Wrightslaw
I will provide excerpts from IDEA so you can compare what the article says to the word of the law. Please do not make the mistake many do and simply read one section of the law. I only provide specific citations due to lack of space.
Transportation (§ 300.34(c)(16))
...........Comment: Some commenters
recommended removing the term
‘‘special transportation’’ from the
definition of transportation because the
term gives the impression that adapted
buses are used for a separate and
different transportation system, when,
in fact, adapted buses are part of the
regular transportation fleet and system.
These commenters stated that adapted
buses should only be used as a separate,
special transportation service if the
child’s IEP indicates that the
transportation needs of the child can be
met only with transportation services
that are separate from the transportation
services for all children.
Discussion: We do not believe it is
necessary to make the change requested
by the commenters. It is assumed that
most children with disabilities will
receive the same transportation
provided to nondisabled children,
consistent with the LRE requirements in
§§ 300.114 through 300.120, unless the
IEP Team determines otherwise. While
we understand the commenter’s
concern, adapted buses may or may not
be part of the regular transportation
system in a particular school system. In
any case, if the IEP Team determines
that a child with a disability requires
transportation as a related service in
order to receive FAPE, or requires
supports to participate in integrated
transportation with nondisabled
children, the child must receive the
necessary transportation or supports at
no cost to the parents.
Changes: None.
Seems like the "new" procedures recognize the above, except they missed the "IEP team" part.
This is the area that I take exception to the District's statement that "they did not have to inform the parent" about the change in bus service.
LRE Requirements (§ 300.114)...........
Section 300.114, consistent with
section 612(a)(5) of the Act, requires
each public agency to ensure that, to the
maximum extent appropriate, children
with disabilities are educated with
children who are not disabled. Further,
§ 300.116 ensures that a child’s parent is
included in the group of persons making
the decision about the child’s
placement.Changes: None.
>‘(‘placement’’ refers to the provision of
special education services, rather than a
specific place, such as a specific classroom or specific school. (46630 Federal Register / Vol. 71, No. 156 / Monday, August 14, 2006 / Rules and Regulations)
If placement refers to the provision of special education services and transportation is a related service under special education services and the parent should be included in the group of persons making the decision about the child's placement, then it seems to me that there should be an IEP team discussion about the transportation setting.
Let me know if I am missing something.
This seems to me to be just a focus on the checkbox on the IEP under transportation. Paper compliance is the focus of the District. A parent is supposed to be an equal participant of the IEP. Did the parent have an opportunity to discuss the issues regarding the individualized needs of their child on a regular ed bus?
Based on the information I have from the article, the actions and mind set of the District continues to display arrogance with ignorance and maintains their cavalier attitude. The public can not seem to break through this barrier.
1 comment:
Let's face it-- Elia and Tye (formerly lousy ESE supervisor--now #2 to Elia)give even less of a damn about ESe kids than "regular kids. ESe is just too much trouble--they want and need too much and parents and teachers are both a pain. Tye should know about IEPs and transportation--she was actually a good ESE teacher and administrator before she got the ROSSAC labotomy. There simply is no excuse for such a shoddy, dangerousand cavalier toward any student--let alone an ESE kid. I know (from an ESE teacher) that a number of ESE kids didn't get to school until the 2nd or 3rd week of school because of a bus problem. Again--NO EXCUSE--no pass on this one. Elia is behind all these "mistakes" and "miscalculations". She has to go and let us resume and reclaim the education of all our kids.
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