Today's Quick Tip - Transportation and the IEP

Today's Quick Tip - Transportation and the IEP

Did you know? If your child has an IEP and Transportation is written in the IEP and your child gets suspended from the bus that IF the school doesn't provide another means of getting your child to school during the bus suspension that those days are counted against the 10 school days that your child can be sent home, suspended, RPC'd without the district having to provide FAPE. 

Here is a section of IDEA 2004 from Idea.ed.gov that explains this protection:

Discipline and Transportation

Question:    If transportation is included in the IEP for a child with a disability who has documented behavioral concerns on the bus, but not at school, when may a school district suspend the child from the bus for behavioral issues and not provide some other form of transportation to and from school?

Answer:    If transportation is included in the child’s IEP, a bus suspension must be treated as a suspension and all of the discipline procedures applicable to children with disabilities would apply. An LEA is not required to provide alternative transportation to a child with a disability who has been suspended from transportation for 10 school days or less unless the LEA provides alternative transportation to children without disabilities who have been similarly suspended from bus service. 

If a child with a disability is suspended from transportation for more than 10 school days in the same school year, and transportation is included in the child’s IEP, during any subsequent suspensions the LEA must provide services to the child to the extent required.  Generally, this means that the child must (1) continue to receive educational services so as to enable the child to continue to participate in the general education curriculum, although in another setting, and to progress toward meeting the goals set out in the child’s IEP, and (2) receive as appropriate a functional behavioral assessment, and behavioral intervention services and modifications that are designed to address the behavior violation(s) so that they do not recur. 

Additionally, the suspension of a student with a disability from transportation may constitute a change of placement if a district has been transporting the student, suspends the student from the transportation as a disciplinary measure, and provides no other form of transportation.  If a student is suspended from transportation for more than 10 consecutive school days, or is repeatedly suspended, and such suspensions constitute a pattern. (2), a change of placement has occurred.  In such situations, the LEA, parent, and relevant members of the IEP Team must determine whether the conduct was a manifestation of the child’s disability, using the process.  If the conduct is a manifestation of the child’s disability, the IEP Team must take the steps outlined in IDEA 204, and also must return the child to the placement from which the child was removed, unless the parent and the LEA agree to a change of placement as part of the modification of the behavioral intervention plan.  

Regardless of the procedures discussed above, school personnel may remove a student to an interim alternative educational setting for not more than 45 school days without regard to whether the behavior is determined to be a manifestation of the child’s disability, if the child has taken any of the actions specified in IDEA 2004 regarding weapons, illegal drugs, or the infliction of serious bodily injury. 

(IDEA 2004, http://idea.ed.gov/explore/view/p/,root,dynamic,QaCorner,12)

Brief Definitions:

LEA - Local Educational Agency typically a Principle, Vice Principle, someone in Administration that knows the curriculum, the IEP requirements and laws, and knowledgeable of programs, services, and resources so that they can inform, explain, and answer questions parents might have in those areas. You can find the LEA on the signature page of your child's IEP. They are a required member. They LEA may change from time to time as well. You can also look on your Written Prior Notice if you have a meeting scheduled.

Placement - That is your child's educational services, related services, specially designed instruction, aids/supplements, accommodations, and modifications. All of those combined determines placement where the educational, behavioral, social/emotional, and related services are delivered to your child. This is an IEP team decision. It could be Gen Ed setting all services/supports are delivered in the class with no pull outs, it could be a mix of pull outs and Gen Ed, it could be Self-Contained (the are many types and vary State to State on the names they call these classrooms), then there is Special Schools, Hospitals, Home-bound.


Drugs, Weapons, and Bodily harm (the 3 deadly sins) can result in your child being removed immediately from school for up to 45 school days without regards to a Manifestation. YOUR CHILD CANNOT BE EXPELLED. After the 10th school day (in total all year) the school MUST provide services that allow your child to continue to work on their IEP goals, Related Services, Accommodations, specially designed instruction, and the supports necessary for your child to continue to make progress towards those goals. A Functional Behavioral Assessment should be conducted, a positive behavior intervention plan that addresses teaching the child about the action committed to ensure that it will not happen again, and if need be discussed and decided as a team - adding goals/services to address behavior/teach appropriate behavior. Your child needs to be provided access to the Gen Ed curriculum during this time. (FAPE)


Interim Alternative Educational Setting (IAES) - This could look very different for every child. This could mean a be behavior school for the length of the discipline action, 1:1 services provided for 6-10 hours per week at the home (you can advocate for more especially if your child has a lot of needs), meeting a teacher at public local to deliver services - again, it all depends on the child, the offense, the child's needs, etc. If services haven't begun and your child's been out of school for over 10 school days - call your district office! There should be a department that handles the IAES services - Interim Alternative Instruction (IAI) is what are district calls their department. 

Got 40% off your purchase by entering TOOMUCH40

Getting a Full Evaluation

Just a few tips on getting a full evaluation. I hear a lot that parent ask verbally requesting that they feel their child needs more support. Often times those requests gets ignored. It's important to remember that requests need to be put into writing, addressed to Administration, signed, dated, and hand delivered to the school. If you cannot hand deliver the request to the school then sending the written request certified mail will work too. This way you have confirmation the school has received it. Make sure you make a copy for yourself. The process should start fairly quickly once those steps have been taken. There are many different sample letters you can find online here are some examples -





Today's Date (include month, day, and year)

Your Name
Street Address
City, State, Zip Code
Daytime telephone number

Name of Principal or Special Education Administrator
Name of School
Street Address
City, State, Zip Code

Dear (Principal's or Administrator's name),

I am writing to request that my son/daughter, (child's name), be evaluated for special education services. I am worried that (child's name) is not doing well in school and believe he/she may need special services in order to learn. (Child's name) is in the ( _ ) grade at (name of school). (Teacher's name) is his/her teacher.

Specifically, I am worried because (child's name) does/does not (give a few direct examples of your child's problems at school).

We have tried the following to help (child's name): (If you or the school have done anything extra to help your child, briefly state it here).

I understand that I have to give written permission in order for (child's name) to be evaluated. Before the evaluation begins, I have some questions about the process that I need to have answered (list any questions you may have). I would be happy to talk with you about (child's name). You can send me information or call me during the day at (daytime telephone number). Thank you for your prompt attention to my request.

Sincerely,

Your name

cc: your child's principal (if letter is addressed to an administrator)
your child's teacher(s)


Note: If your child has been identified as having a disability by professionals outside the school system, add the following sentence to the end of the first paragraph above:

(Child's name) has been identified as having (name of disability) by (name of professional). Enclosed is a copy of the report(s) I have received that explains (child's name) condition.

Another Sample -

Today's Date

Your Name
Street Address
City, State, Zip Code
Daytime telephone number

Name of Principal or Special Education Administrator
Name of School
Street Address
City, State, Zip Code

Dear (Principal)

I am writing to request that my son/daughter be tested for special education services under the Individuals with Disability Education Act and any disabling condition under Section 504 of the Rehabilitation Act.

(Child’s name) is in 2nd grade and has difficulty understanding what is being taught in class as well as following auditory directions given to him/her by the teacher. My concern is that my child has a learning disability and therefore may require additional assistance in certain areas of the school’s curriculum. In addition to an assessment for a learning disability, I am also requesting that my child be tested in all areas, in order to rule out any other disabilities (child’s name) might have. If the School has any general education intervention programs, such as Response to Intervention or Student Study Teams, this may be done simultaneously with the assessment for special education but should not slow down the mandated time lines for assessments under IDEA.

Thank you for your timely assistance in the matter. I will be looking forward to meeting with you and the team of professionals to review my child's records and discuss my concerns and the teams concerns further.

Sincerely,

Parent’s Name
Phone/Contact

Get 10% off Gluten-free candy from OldTimeCandy.com: use code: 08891