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Proposed Federal Transit Rules Upset School Districts -
The Federal Transit Administration wants public transit agencies to
get out of the business of creating routes designed exclusively to
take students to and from school. But a proposed policy statement,
which the agency says only clarifies rules that have been in effect
for more than 30 years, has raised alarm among district officials.
For some districts, those officials say, public transit is the most
effective way to get students to school.
 Transportation
for Students with Disabilities: What Does IDEA Say?
Bus drivers raise
concerns about transporting students with disabilities. Many feel they
are not appropriately trained on what to do for these students in case
of an emergency or other challenges students with disabilities may
present. Transportation is a "related service" under IDEA. This great
overview packed with resources is from IDEA Practices Online.
TIP! Need to
know more about the transportation routes/schedules for your kids?
The school secretaries should have copies of the bus schedules and
routes. They may be able to
give you a copy of what they have, then you can see the timetables
for yourself instead of calling the bus garage over and over
again.
OSEP/OSERS Ruling
State's schools-of-choice law satisfied IDEA's
transportation, FAPE
Letter to Hakola, 34 IDELR 62: OSEP
clarified a question regarding the responsibility of a nonresident
district for a student in providing transportation to his school.
OSEP determined that in the “schools of choice” the nonresident
district is not responsible for providing the transportation
UNLESS the student’s IEP requires special transportation and then
it must be provided.
Two
Transportation Cases from
Wrightslaw (below)
Parents in
Tidewater Virginia formed an advocacy group called PIER
(Protecting Individuals with disabilities Education Rights).
Working together, PIER dealt with transportation problems in their
school district.
OCR Complaint (December, 1998)
In December, 1998, PIER filed a compliant with the Office for
Civil Rights alleging that Virginia Beach City Public Schools (VBCPS)
discriminated against students with disabilities:
"Students with disabilities were routinely dismissed from school
before the end of the instructional day, required to use separate
bus loading and unloading areas, arrived to school late in the
morning, rode segregated buses, and endured unreasonably lengthy
bus rides."
"Students with disabilities who are dismissed before the end of
the school day are given no meaningful opportunity to cover or
makeup the instruction, knowledge or benefits they have been
denied due to early dismissal."
"Consistent with School Board policy, nondisabled students receive
a minimum of 6.5 hours of instructional time per day. In violation
of this same School Board policy, students with disabilities are
guaranteed only 5.5 hours. "
PIER supported their claims by conducting a series of observation
of the schools:
"To document the early departure of students from schools, members
of the community conducted organized observations of school bus
departures from school property at 39 randomly selected VBCPS
schools. Documented observations by PIER and data provided by
VBCPS revealed that at 35 of the 39 observed schools, school buses
transporting only students with disabilities departed from schools
before the ending time of the instructional day . . "
PIER advised the school district that they were making
observations:
"Throughout the observation period, PIER kept the VBCPS
administration appraised of the fact that observations were being
conducted. In late spring VBCPS was verbally reminded that PIER
intended to file a complaint regarding the early dismissals. Final
observations were scheduled, and occurred on June 15, 1998."
"The morning of June 15, PIER telephoned VBCPS to inform the
school district that observations would be occurring that day."
At that point, the school district initiated a "cover-up." As you
see, the "cover-up" backfired:
"When PIER observers arrived at the schools on the afternoon of
June 15, they observed buses being rerouted back to school parking
lots by security guards and heard announcements on PA systems and
bus radios that buses were not to leave school property until the
general education students were dismissed."
"Students with disabilities were observed to be waiting outside of
the school building or sitting on buses for up to thirty minutes
until the end of the school day for nondisabled students."
"PIER faxed a handwritten note to VBCPS the next morning, after
being unable to reach VBCPS Administration by telephone the
afternoon before. The note informed VBCPS that PIER was halting
observations because of the hardship placed on the students with
disabilities the day before while waiting outside in the heat and
on stifling hot buses."
"Apparently, instructions had been sent by VBCPS Administration to
schools on June 15 informing the schools not to allow buses to
leave the school property early. However this directive merely
stopped buses from leaving early, not students with disabilities
from being dismissed before their nondisabled peers."
In their OCR Complaint, PIER made several allegations:
"VBCPS has a predetermined policy that students with IEPs will
have a 5.5 hour program as evidenced by the VBCPS's current IEP
form that states, "All students should have the availability of
receiving a full (5.5 hours) program if determined appropriate by
the IEP committee and included in the student's IEP."
"Parents are not advised during IEP meetings or at any other point
that their children with disabilities are entitled to a school day
of 6.5 hours as provided to nondisabled students."
"VBCPS discriminates against students with disabilities by
applying a more limited length of the school day for students with
disabilities as compared to the length of the school day provided
for nondisabled students . . . The majority of students with
disabilities need intensive remediation and services in part due
to prior mis-education and denial of equal educational opportunity
. . . With this intensive need it is inappropriate to shorten the
school day for students who perform poorly on State-based testing
. . . Indeed a strong argument can be made under Section 504 that
these students are entitled to additional, supplemental services
in order for them to attain outcomes expected for all students."
VIRGINIA BEACH SCHOOLS AGREE TO RESOLVE ALLEGATIONS OF
DISCRIMINATION
"Virginia Beach City Public Schools (VBCPS) has entered into an
agreement with the federal Office for Civil Rights (OCR) to
address allegations of discrimination of students with
disabilities. Protecting Individuals with disabilities Education
Rights (PIER), a local community group, filed a complaint with OCR
in December alleging VBCPS systemically discriminated against
students with disabilities who required transportation services."
"Students with disabilities were routinely dismissed from school
before the end of the instructional day, required to use separate
bus loading and unloading areas, arrived to school late in the
morning, rode segregated buses, and endured unreasonably lengthy
bus rides."
"In 1998 PIER conducted observations at 39 randomly selected
schools. Ninety percent of these schools dismissed students with
disabilities before the end of the instructional day. PIER
observed 347 incidents of buses leaving school before the end of
the instructional day. VBCPS provided documentation indicating
that all of these buses were used to transport students with
disabilities."
"VBCPS has agreed to take additional steps to resolve the
complaint."
"The agreement with OCR requires VBCPS to modify the school
district's individualized education program procedures to include
a particular written plan to address transportation issues, to
provide transportation information to parents through a
newsletter, and to develop a brochure to notify families of
transportation requirements."
"The agreement by VBCPS to resolve the complaint closes this phase
of the OCR investigation initiated in February that included a
four day on-site investigation by OCR staff in May."
"Some students with disabilities may need separate transportation
services, a shortened school day or other special transportation
services. PIER fully supports the right of parents to have these
needs met through the IEP (individualized education program)
process."
"The resolution agreement between OCR and VBCPS will advance the
civil rights of students with disabilities. PIER is pleased that
VBCPS has agreed to resolve the complaint rather than continue
with an even more lengthy and expensive OCR investigation.
Cooperation by VBCPS with parents will result in more dollars
being spent on education and fewer dollars being used for
administrative and legal fees. Children with disabilities have won
a significant battle to receive equal educational benefits."
"Parents of children with disabilities who continue to experience
discrimination can contact PIER at 757-461-8007 or OCR at
202-208-7670."
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