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Last Updated: 10/31/2017
 

 Ask the Advocate with Lynne Tamor

 

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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