Paul: Can my son’s school day be shortened to accommodate the bus schedule? For example, they want him out of school 30 minutes prior to the bell to get him on the bus and home so that the bus can get back to another school.
Transportation: SHORTENED SCHOOL DAY
I’m battling with a district that took my child out of regular education and put him in special without my consent. Even tho I’ve protested they are trying to write a new iep that changes my iep dramatically and I don’t agree. I filed a due process and tried to reschedule?? How can I get a hearing before the implement their iep ???
You need to contact the state education agency about your request, & how to contact the hearing officer assigned to your case. Your state parent training & information center can assist you. http://www.parentcenterhub.org/find-your-center
I am in battle with a terrible district ..they ignored my iep and on the first day put him in mostly all special education… without my consent and without telling me. When i asked them questions they were very vague and kind of rude. My son is in a room most of the day with paras all by himself and hardly goes out with the general ed unless its recess. They refuse to use to adopt my iep. I filed a due process complaint just before the iep review and rescheduled the iep meeting..what do i do now to avoid their implementation of this until i have a hearing… Help – Please give me advice.
NOPE!
The school cannot shorten the school day of a child with a disability simply to accommodate a bus schedule. This is a well-settled violation of IDEA, Section 504, and the ADA.
Here’s how OCR – who enforces Section 504 and the ADA in education – puts it: “Administrative convenience is never an excuse for impermissibly shortening the instructional time that students with disabilities receive.”
(On a side note – a student’s IEP or 504 Team CAN decide to shorten a student’s day, if the student’s disability necessitates it.)
Because this is something that unfortunately still happens often, many states have either further addressed this in their state special education regulations or have issued guidance specifically addressing it.
Your local parent center can point you to any such regulations or guidance that exists in your state, as well as discuss the options that you have for remedying this: http://www.parentcenterhub.org/find-your-center/.
Filing a complaint with OCR, who will undoubtedly rule in your favor, is one such option – but hopefully you can resolve this with the school before it reaches that.
Not legally.