ANALYSIS Te Road to Resolution WTITTEN BY LINDA F. BLUTH, ED. D I
n November 1975, President Gerald Ford signed the Indi- viduals with Disabilities Education Act (IDEA) into law. Te passage of this law emphasized attention on children with disabilities. It is designed to meet the unique needs of each
individual child entitled to special education and related services, including “a free and appropriate public education” (FAPE) in the “least restrictive environment” (LRE) that is appropriate to be served with nondisabled peers. Te IDEA has not been without controversy. Critics have complained that lawsuits, due process hearings and Office of Civil Rights and state complaints are too pervasive. From the beginning of the passage of the IDEA, families have been dependent upon advocates to make certain that the needs of their children are addressed and protected. Over the past 37 years, advocates have recognized transportation
as a priority in order to access special education and related services. Families and professionals alike have been encouraged to work to- gether to educate children with disabilities. Advocates are a vital part of the special education landscape and are keenly aware of the impor- tance of transportation. Tey have been vocal critics of transportation noncompliance including documented transportation IEP violations. My professional role includes receiving, validating, addressing
and resolving advocate complaints prior to becoming a formal complaint. Troughout the years, the 10 most frequently received
advocate complaints include: 1. Assigned school bus stop location disagreements. 2. Bullying by student peers during the school bus ride or at the school bus stop.
3. Failure to implement specialized transportation identified in the Individualized Education Program (IEP).
4. Failure to initiate timely transportation services at the beginning of the school year.
5. Failure to offer reimbursement to parents for transportation provided at the school district's request.
6. Failure to timely pick-up homeless students with disabilities and transport them to school of origin in accordance with The McKinney-Vento Homeless Education Assistance Act.
7. Failure to provide lift buses for field trip participation of students utilizing wheelchairs.
8. Length of school bus ride compared to nondisabled students.
9. Shortened school day resulting in missed special education instruction and related services.
10. Untrained drivers and bus attendants to manage student behavior to assure a safe school bus environment.
Working favorably with advocates is essential to prevent
adversarial relationships with families. Reviewing and validating complaints is the first step to resolving complaints. It is the role and responsibility of advocates to focus on the rights of children
40 School Transportation News February 2013
ATTENDING TO ADVOCATE TRANSPORTATION COMPLAINTS IS VITAL TO PREVENT ADVERSARIAL RELATIONSHIPS WITH FAMILIES
who receive transportation services under the IDEA and other statutes. It is a school district’s responsibility to investigate allega- tions of wrongdoing. A positive attitude is a first step in obtaining a winning resolution. It is essential to get all the facts before responding to advocate
complaints. Too often, advocates know more about the issues and concerns of families than the school district. Parents have frequently called me and expressed frustration because of being passed from one office to another by a school district, with no individual willing to listen to a problem. It is a common misconception that an advocate is a lawyer.
“Special education advocates” are not permitted to practice law or to provide legal advice. When parent advocates are unsuccessful in resolving a family’s complaint, they frequently recommend the uti- lization of mediation or due process hearings. It is at this time that the service of legal council is frequently recommended. Te following tips for working with advocates are recommended for successful resolution of transportation complaints to avoid more
formal avenues of resolution: 1. Acknowledge receipt of a complaint and provide the name of one contact person with the authority to respond to advocate questions. The school district should always speak with one voice when responding to advocate complaints or allegations of wrongdoing.
2. Collect all of the facts and speak with school district personnel, including transportation staff, that may have prior knowledge about a complaint. Don’t respond to an advocate prior to obtaining all of the facts. Listen to everything that others say and show respect even when you are in disagreement.
3. Concentrate on barriers and implement strategies to avoid future complaints in the same area of concern. Incorporate these learning opportunities for staff training.
4. Negotiate as allowable by the school district and allow everyone to feel as if they are a winner even when the complaint was without merit.
5. Understand the law but do not quote it as a weapon. I always recommend being knowledgeable about the facts and only divulging information that is specifically requested.
6. Set a positive example and demonstrate sensitivity when working with advocates and families to resolve transportation complaints. Your goal should always be reaching agreement and promoting safe transportation practices for students with disabilities.
Bluth is the immediate past-president of NAPT. She is currently the special initiatives education program specialist at the Maryland State Department of Education, Division of Special Education/Early Intervention Services. She can be contacted at
lfbluth@verizon.net.
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