My second blog entry will be about transportation.

 Question: “Does IDEA 2004 state the amount of time that a child with disabilities can be on a bus?

Answer: No it does not. I think if this issue was actually covered in the Individuals with Disabilities Education Act 2004 (IDEA 2004), a lot fewer transportation issues would come up between parents and school districts! What is important to know about this particular issue is whether a long bus ride negatively affects the child with disabilities. For example: Is the child developing negative behavior on the bus? Is the child stressed out when they get to school, which is interfering with their education? If either one of these things are occurring, then the child cannot tolerate, the long bus ride. Also, in the OSEP policy letter to Anonymous (OSEP 1993) OSEP found that lengthy bus rides may be discriminatory, and may result in denial of FAPE.

Transportation is considered a related service in IDEA 2004. Under definitions “Related Services are defined as: transportation, and such developmental, corrective and other supportive services . . . designed to enable a child with a disability to receive a free appropriate public education as described in the IEP of the child, counseling services, medical services . . . . medical services shall be for diagnostic and evaluation purposes only. . . as may be required to assist a child with a disability to benefit from special education . . . .”

Another issue that comes up quite often is that children with disabilities are often brought to school late, or leave school early.   OSEP has an awesome document that addresses both issues of transportation. The document is entitled:  “Questions and Answers on Serving Children with Disabilities Eligible for Transportation” and can be found at: http://idea.ed.gov/explore/view/p/,root,dynamic,QaCorner,1, Below is a question and answer on transportation:

 B. Duration of Travel and Time on Learning

Authority: The term “school day” is defined in the regulations in 34 CFR §300.11(c).

Question B-1: If a child with a disability spends a significant amount of time being transported to and from school, as well as to and from another location to receive special education and related services, is the child entitled to receive additional school time to make up for the time lost in transportation.

Answer:  Neither Part B of the IDEA nor the regulations address the issue of the length of a school day. Determining the length of a school day is a decision left to the SEA. However, the IDEA defines school day as any day, including a partial day, that children are in attendance at school for instructional purposes. Additionally, school day has the same meaning for all children in school, including both those with and without disabilities. In general, a school day for a child with a disability should not be longer or shorter than a school day for general education students. However, if a child’s IEP Team determines a child needs a shorter or extended school day in order to receive FAPE, then appropriate modifications should be incorporated into the IEP. However, these modifications must be based on the unique needs of the child, as determined by the IEP team, and not solely based on the child’s transportation time.