Transportation: SCHOOL REFUSES TRANSPORTATION IN IEP FOR AN AUTISTIC CHILD

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Jason:  This year our son transitioned to middle school (OK). When we attempted to view, observe program and or meet teacher at home school, we were repeatedly denied any access to the special ed program by the principal and staff and were escorted from the building on several occasions even though we calmly walked in and made our requests known.  Being that our son is autistic and non-verbal, we decided it is a safety issue. If program is so secretive parents are allowed access to it, they must have something to hide. We applied for an inter-district transfer to another middle school in same district, one  more than happy to let us view program. Principal at new school accepted our transfer but Special Services director refused to honor IEP transportation needs, seeing as though were not attending the “home school”. Can he legally refuse to honor IEP transportation needs under those circumstances or is the district out of compliance? Any answer/help would be appreciated.

  1. My son has autism and I became ill and unable to transport him one month after him starting school in 2022. They authorized transport for 6 weeks only until my car issues were resolved. Then, I had to have an emergency surgery. So again, I was unable to transport him to school. They still, cut off his transportation, and I was made to walk to get my son. On the way there I urinated from being in so much pain from the surgery, and when I got there they did not show one ounce of care. They locked the doors and said they were going home. No empathy, no can they get me any water or anything. Just left. Where I had to walk home again. It took us 45 minutes to walk 10 blocks. I fought to get it put in his IEP, AND then finally, after the new year they turned it back on.

    Not a month later, they turned it off again stating that it was supposed to end in November, after they had already put it in his IEP. They turned it back on, and have shut it off 3 times more since then. One of which was last week and for no apparent reason. I am physically unable to walk the whole way without excruciating pain. I have fought and advocated. Something needs to be done.

    When I became unable to transport at the beginning of the year, the secretary got on the phone and said “can I ask you something? Why is it that you feel it’s our responsibility to get your child to and from school?” I said excuse me? I stated “ITS THE LAW. IF I AM UNABLE TO OR ANY CHILD IS UNABLE TO GET TO SCHOOL AS ANOTHER CHILD WOULD, THE RESPONSIBILITY IS YOURS. ESPECIALLY IF HE HAS AN IEP OR A DISABILITY.” She said its not their responsibility. I have spent $600 in Lyft. I need help.

  2. Hi, my son have autism and he is in pre-kinder
    And he star with the bus transportation but this year they don’t send me the schedule for bus transportation and he star classes in two days so when I call to his social worker he don’t have any idea he told me he need to talk with the transportation office after a one day and he don’t email me back I emailed again them he call me to tell me that I feel sorry but I can do nothing you move to 1,5 mills from school and is less that the legal policy you have to be 2mill from school so I told him he have a disability he told me they have to many autism outside we can give you transportation to all !!! We have another elementary school very close but they don’t have the special
    Program for my son and they told me I don’t have nothing to do.

    • If the school is sending your child to a school different than his home school in order to access the appropriate services, they are required to provide transportation. Remind them that this is necessary to provide FAPE. Make sure you have special education bus services written into his IEP.

  3. If school IEP team meets and agrees to transfer than they have to provide transportation. If they refuse they must give you a reason why via a prior written notice. Ask for that and see what happens.

    • Is this the case in every state? My son is being transferred out of district into a school that has the programs he needs, but they refuse to transport him. It was not this way until we had to move him into a school out of our district.

      • Transportation is a related service and should be covered in his IEP. If the school is placing him into a different school because it has programs that meet his needs, they are responsible for providing transportation to that program, just as they are responsible for providing transportation to his home school.
        Bottom line: the school is responsible for providing a free appropriate public education (FAPE). The school determined that the new school provides FAPE. If the school refuses to provide transportation to the new school, they are denying him a FAPE. (Of course, they are hoping they can shift the burden onto you and you won’t object).

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