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the Education of Children With Disabilities and Preschool Grants for Children With Disabilities, Final Regulations, March 12, 1999 (Page 12479),” it is stated: “In determining whether to include trans- portation in a child’s IEP, and whether the child needs to receive transportation as a related service, it would be appropriate to have at the IEP meeting a person with expertise in that area.” Unfortunately, this prudent guidance is not always followed. Tere are two main parts to the IEP process: First, the IEP meeting(s), when parents and school personnel jointly make deci- sions about a child’s education program, including transportation, and; secondly, the IEP itself, which is a written record of the deci- sions agreed upon at the IEP meeting. Te IEP document is both a written commitment and management tool. It defines the required resources and services to be provided to the child at no cost, and it states the duration for which services will be provided. As such, the IEP is recognized as a tool to monitor compliance.
It should be noted that parents are afforded procedural safeguards in the area of transportation. If parents do not agree with the transportation services, they should be encouraged to discuss their concerns with members of the IEP team and work out an agreement. Parents or the school district may ask for mediation
and/or a due-process hearing to resolve differences. Parents can also file a complaint with the State Education Agency (SEA) over an issue related to implementing a FAPE, including transportation. In addition, the Office of Civil Rights (OCR) may be contacted to review a transportation complaint when a parent believes that there is discrimination based on their child’s disability. Historically, the IEP has been described as the centerpiece of IDEA because all the aspects of the special education program are governed by this document. Te timing is perfect for getting on board with the collaboration necessary to meeting today’s trans- portation challenges and tackling IEP decisions that would further enhance school bus safety. ●
Read Linda Bluth’s opinion on what the confirmation of U.S. Education Secretary Betsy DeVos could mean to the transportation of students with disabilites in our “Ask the Experts” section at
stnonline.com/go/9k.
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