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Learn about transportation as a related service, eligibility criteria, laws governing transportation, and confidentiality requirements for students with disabilities. Gain a comprehensive understanding of parental rights and compliance with IDEA.
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Transportation as a Related Service Leanne Grillot, Senior Educational Program Director Bureau of Exceptional Educational and Student Services Jennifer Barnhill, Program Specialist Bureau of Exceptional Educational and Student Services
Goal: Helping Students with IEP’s and Staying Compliant You will walk away with understanding: • Transportation related to students with disabilities under IDEA • Transportation as a related service • Parent rights regarding compliance
Do all students with disabilities have the right to transportation? Eligibility criteria for funding, 1011.68, F.S. • The student lives two or more miles from school. • The student is classified as a student with a disability under the IDEA, regardless of distance (does not apply to students who are only gifted). • The pregnant student or student parent is enrolled in the teenage parent program. • The student is enrolled in an IDEA or prekindergarten program. • The student is a career and technical education, dual enrollment or exceptional education student.
What laws govern the transportation of students with disabilities? • Title 34, Code of Federal Regulations, Section 300.34 and Rule 6A-6.03411, F.A.C. • Title 34 CFR §300.34 and Rule 6A-6.03028, F.A.C. • Rule 6A-3.0171, F.A.C.
What is transportation under IDEA? 34 CFR §300.34 and Rule 6A-6.03411, F.A.C. Transportation is: • A related service required to assist a student with a disability to benefit from special education.
What does transportation include as a related service for students eligible for special education and under the IDEA? 34 CFR §300.34 and Rule 6A-6.03028, F.A.C. Transportation includes: • travel to and from school and between schools • travel in and around school buildings • specialized equipment such as special or adapted buses, lifts and ramps, if required to provide special transportation for a child with a disability
How will Sally get to and from school? Sally is a student in second grade. She has a disability but does not need special transportation, and it is not included in her IEP. Her family lives less than one mile from school. The school district does not provide transportation to students living less than a mile from school.
Do most children with disabilities and IEPs need special transportation? No. Most children with disabilities are able to use the same transportation system as their classmates who don’t have disabilities. Sometimes just adding special equipment or aides to school bused is all that is required of a student with a disability.
Can parents request that the vehicle providing the transportation have specialized equipment? • One issue that arises is air-conditioning for students with disabilities. • Climate-controlled transportation is not explicitly required under the IDEA. • State Complaint
Who determines whether transportation services are required and how should those services be implemented? • The parents of the student • The regular education teacher of the student • One special education teacher of the student • A representative of the public agency • An individual who can interpret the instructional implications of evaluation results • At the discretion of the parent or the agency, other individuals who have knowledge or special expertise regarding the child, including related services personnel as appropriate • The student
Does Joseph have the right to transportation if he attends a private school? Joseph is in 7th grade and has a learning disability. He received the McKay Scholarship. His mother placed him at a private school.
Confidential Information IDEA requires that the educational records of a student with a disability be kept confidential, with a right of access to parents and participating agencies.
Confidentiality • Remember that confidentiality laws only allow transportation to talk to the parent about their child. • Confidential information includes the child’s name, family information, grades, medical information, etc.
Let’s Practice A parent, Mrs. Brown, is upset that her son was suspended from the bus for fighting. She wants to know what happened to the other student. Mrs. Brown knows that the other student is a student who receives special educational services because she volunteers at the school. She wants to make sure that he isn’t getting “special” treatment. What do you say???
“As you know, confidentiality laws only allow me to talk about yourchild with you.”
Carol has Attention Deficit Hyperactivity Disorder. Sometimes she acts without thinking. She rides to school on the bus with her neighborhood friends. Carol’s IEP includes a behavior intervention plan (BIP) to help her learn to follow bus rules. Are the bus driver and the bus aide required to receive training to carry out Carol’s behavior plan? Who is responsible for putting the behavior plan into action as part of the IEP?
Districts’ Review for Compliance ESE Policies and Procedures (SP&P) • This requires that school districts submit a proposal of procedures for the provision of special instruction and services for exceptional students • http://beess.fcim.org/sppDistrictDocSearch.aspx
Districts’ Review for Compliance Desktop Monitoring • Self-assessment is the process where districts review critical components of their ESE programs.
Parent Rights Regarding Compliance • Parents and advocates file state complaints when they believe districts are not compliant • Developing the IEP • Implementing the IEP • Parents filing due process • Challenging IEP decisions
Thank you! Leanne Grillot 850-245-0475 Senior Educational Program Director Dispute Resolution and Monitoring Bureau of Exceptional Educational and Student Services Florida Department of Education Jennifer Barnhill 850-245-0475 Program Specialist Dispute Resolution and Monitoring Bureau of Exceptional Educational and Student Services Florida Department of Education