Question:
Does the NCLB law (or any other law) include
any specifications for when a school district may be required to
transport a special needs child from one school site to another
during the day?
Answer: If your child’s
educational needs have been determined by the IEP team to
require attendance at two different locations, the IDEA requires
that the school district provide transportation from one site to
another, if transportation is needed. Both the locations and the
transportation need must be written into the IEP. The school
district cannot write an IEP that requires the parent to
transport the student during the school day, although such an
arrangement is legal if the parents agree to it. In some cases,
parents prefer to provide the transportation but are reimbursed
for mileage.
NCLB is not relevant in this case. Eventually, NCLB requires
that the district make it possible for students at “failing
schools” to be provided education elsewhere – that may trigger
transportation requirements for getting students to the
alternative schools.
School principals are often not well versed in special education
law and finance. It may well be that the principal in this case
has misconceptions about special education funding, the IEP
process, or both. It may be useful to ask the district
administrator responsible for special education work things
through with the principal and clear up any misunderstandings.
It is, however, the superintendent, who has final sign-off on
IEPs and all their provisions, assuming that they comply with
federal and state laws and rules.
Lynne Tamor
www.bridges4kids.org
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