RE: prob and ?

[Guest guest]

<< , what is due

process? That is how the director said they will handle it >>

WOW, Kym, how did you get to due process already? I would make sure that it

is in his IEP that he be transported with a carseat and then, get an extra

carseat and have it placed on the school bus that will transport him. We did

this for Mav when he was in preschool. However, now the district has

carseats in many of the buses since there is a teen mom program at our High

School.

I would also recommend that the bus drivers take the carseat safety class

provided by most fire departments. We do have our state carseat laws and

since the school district isn't taking it seriously, then maybe legal

steps..outside of the school process need to be taken.

[Guest guest]

Hi

My son was 22lbs at the age of 3 and the school had to have a carseat. The

law is by age but you can get a note from the doctor that because of his low

muscle tone size and so on he needs one until he reaches say 65lbs. I think

they have them uptp that size. The school bought our extra one to use. When

you let the school use yours your are opening yourself up to trouble.

Liability and maintenance of the seat are yours.My son is almost 14 and

weighs 89lbs. SO he was in the carseat along time. he was safer and less

likely to undo the seatbelt and run.

Make sure that you check the carseat everyday. They love to take it out and

putit back in loose. I liked the carseat safety course suggestion that was

noted.

Sorry so long but use that Doctor or OT to get a note.

Jeannette

A mom who has been there!!

[Guest guest]

In a message dated 6/24/01 7:30:01 AM Eastern Daylight Time,

angel2cook@... writes:

>

Here in New York State the law is " 40 lbs or 4 years old " . The suggestions

about getting a doctor's note and then having the district put transport

using car seat in the IEP are right on the mark. Once it is in the IEP, you

won't have a problem. Since that may take a while to accomplish, though, I'd

suggest a call to your CSE Chairperson. If you explain the situation to

them, I would hope they would be willing to straighten things out with

transportation for you. I

(mom of Jimmy, 10 (ds), who is feeling very glad this morning that she didn't

have to fight for her car seat on the bus way back when! I did need to

arrange for a " saved seat " for Jimmy on the regular bus this year, though -

had the CSE chair handle it rather than get into arguments with the driver)

[Guest guest]

In a message dated 6/23/01 7:30:29 PM Central Daylight Time,

macfamily38@... writes:

> My question for those of you still reading is, what is due

> process? That is how the director said they will handle it. What do I

> need to be ready for now?

> Thanks for anyone still reading who can help me.

> Sincerely,

> Kym...mom to 4, including 4 year old with DS

>

hi Kym

Im not sure how due process works in this case (only familiar with it during

IEP seasons) but Im betting this is a clear infraction of your state law.

Most states have seat belt/car seat requirements using the weight and age of

the child.....Id check into that

I griped for a year to get a seat belt on the Reg Ed bus for Sara, she was

bad about standing up and talking to kids who called her name....she was Miss

Popular on the bus lol well she got one near the end of the year and the next

year I transported her lolol they rezoned our area so a bus wasn't even

available if I kept her in the school she last attended.

Just this week we had an infant die in a wreck, the child was being held in

someone's arms in a car.......charges are pending on this family for not

having the child restrained.

I would ask someone familiar with due process, like a parent training center

on what the heck they meant

Kathy mom to Sara 9

[Guest guest]

In a message dated 6/24/2001 11:05:31 AM Central Daylight Time,

b4alltoday@... writes:

> Im not sure how due process works in this case (only familiar with it during

> IEP seasons) but Im betting this is a clear infraction of your state law.

> Most states have seat belt/car seat requirements using the weight and age

> of

> the child.....Id check into that

>

I agree with Kathy its a law that's being broken, try talking to the local

police and find out what they think. I know our bus company got pulled voer

for kids standing in the aisle (only a mile to their housing devel but still

illegal) they ended up paying a fine plus running those kids out before

they boared teh others did the rest of the route.

Joy

[Guest guest]

Due process is generally the set of procedures that come into play if a

child's rights in sped have been violated in any way or if procedures

ensuring those rights are not done properly. " Due Process " is also one

procedure in which there is a hearing officier involved and a trial like

process to determine if FAPE has not been provided is initiated, ususually

by parents against district, sometimes by district against parents. Never

heard of district sped due processing district transportation, he must mean

that they are pursuing some district policy governing this?

The district, by virtue of transportation being part of the district or

hired by them, is out of compliance for not providing an IEP accommodation

(the carseat) and a state complaint could be filed by parents. If the state

laws say children 25 lbs or less have to be in carseats, then the district

has violated that law too and I suppose you could take it up with child

protection as an endangerment issue. If the district makes you pick him up,

they would be failing to provide FREE FAPE and that would be a due process

issue for you to bring.

It sounds like you may have gotten a prior written notice; can you specify

exactly what the letter says?

Judi

prob and ?

L-O-N-G story short(er)...

(4yrs w/ DS) weighs 25 lbs. max. The IEP team agrees he needs to

be transported with a car seat on the bus...after much coaxing...they

don't " usually do that " . All last year the car seat was on the bus...no

problems. Now he is in summer school. I called ahead twice to make sure

that on the first day, the car seat would be on the bus. I was assured

it would be. 1st day, the bus comes to my house to get him...no car

seat. I told the driver I would drive him...she assured me it would be

on the bus the next day...she was sorry. I drove him to school myself,

called transportation and " griped " a little. I knew with the 1st day,

there are always kinks, so wasn't too mad, but told the lady that if they

couldn't have it on the midday bus to call me. I WOULD GO TO THE SCHOOL

AND PICK HIM UP. I made it clear this was not a problem for me and I did

NOT WANT HIM TRANSPORTED WITHOUT THE CAR SEAT. She told me not to worry.

She would dispatch the midday driver right now and it would be on the

bus (that would give the driver 2 hours to see that it was on her bus).

Well...as you can guess...he came home, not only without a car seat, but

on someone's lap!! I was and am livid. I immediately called

transportation and was told by the same dispatcher, that she DID dispatch

the driver and told her how upset I would be...in fact her exact words

were, " if that child shows up without his car seat, his mother is going

to eat you alive " . The driver told her, " I will deal with it " .

AHHHHHHHHHHHHHHH!!!! I am so mad! I was constructive and wrote a 2 page

letter about my feelings and the law, etc. I just got a return letter

today. My question for those of you still reading is, what is due

process? That is how the director said they will handle it. What do I

need to be ready for now?

Thanks for anyone still reading who can help me.

Sincerely,

Kym...mom to 4, including 4 year old with DS

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[Guest guest]

Judi, Here is the last paragraph of my letter and the districts reply to

me...Kym

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

<<<After school that day, I waited for his bus to arrive at our home, and

when I got on the bus to get him, I was appalled! He was not in a

carseat, nor was there one anywhere on the bus. In fact, he was sitting

on a gentleman's lap! We are so upset about this. Our wishes and the

IEP team's decision was ignored! This is unacceptable. What is even

more disturbing to us was the driver's attitude (**** ****, Route #**).

When I questioned her about it, she told me that J*** had gotten ahold of

her, but that it was too late and she didn't have the time to go and get

it. So, she didn't have the time to obey the law and watch out for our

son's safety? I cannot believe that the district would condone such

behavior. I had made it very clear to every person involved that he was

to be in a carseat or I would drive/pick him up, whatever was necessary.

How could this happen?? I called J*** back and questioned her about if

she had contacted the driver and when and J*** told me that she even told

the driver " that mother will eat you alive if you don't have that child

in his carseat " and the driver had said, she would " deal with it " . So,

this tells me that there has been blatant disregard for many things

here...the law, an IEP team's decision, parent's wishes and above all

SAFETY. We are not being unreasonable. I realize that transportation is

a service and one that we appreciate very much. I had made it clear to

several people that we would be more than willing to transport

until the carseat thing could be worked out. It was also made clear how

strongly we felt on the issue and that was why J*** used the example she

did to the midday driver about how upset we would be if our child was

transported illegally (the law states 4 years/40 lbs a child should be in

a convertible type carseat...and last we heard was even being increased

to 50 lbs). Especially due to 's size and developmental disability

we know, along with his IEP team and the law, that in order for him to be

safe on the bus, the carseat must be used. Please let us know how we can

be sure that Mesa Public Schools will help us in ensuring our son's

safety and not put him at risk for the sake of a driver's convenience.>>>

DISTRICT REPLY:This is to acknowledge receipt of your letter relative to

the child safety restraint system for your son . I just now

received your letter so no conclusions have been drawn as to who

specifically failed to communicate or ensure that the CSRS was on the

school bus as promised. I do want to assure you that I have assigned a

Supervisor to fully investigate the circumstances, ascertain any

violations and handle any personnel matter with procedural due process.

As you cited in your letter, we do have very competent and caring

employees and any failure to meet the specification of the IEP committee

is a very serious matter. We will do all in our power to ensure that

and the rest of the youngsters recevive the service that you

expect and they deserve.

You can expect to hear back from me directly or from **** ****, the

Transportation supervisor.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

<<<It sounds like you may have gotten a prior written notice; can you

specify

exactly what the letter says?

Judi>>>

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[Guest guest]

Jeannette,

They have provided the bus with a car seat and he even used it all last

year with no problems, NOT ONE! I believe this was strictly a driver

problem. We have used transportation services with our district now for

5 of the last 8 years...we have other children with special needs. We

have never had a problem like this. I have not seen the offending driver

again since the first day and the car seat has been on the bus (properly)

every morning and noon since the first day problem. Should I still get a

note from the dr? I don't know if we actually wrote the carseat into the

IEP...I need to find it. I do know that the team agreed it was necessary

because the head of the special ed preschool was there and she is the one

who said they would purchase the car seat for him and it came to us brand

new the first day of school last year...

Kym

~~~~~~~~~~~~~~~~~~~~~~

<<<The school bought our extra one to use. When

you let the school use yours your are opening yourself up to trouble.

Liability and maintenance of the seat are yours.>>>

Sorry so long but use that Doctor or OT to get a note.

Jeannette

A mom who has been there!!

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[Guest guest]

<< Should I still get a

note from the dr? I don't know if we actually wrote the carseat into the

IEP... >>

Kym,

YES...follow through on this. Although the people you are working with NOW

know the need for a carseat, (or whatever you are to be discussing) who knows

what next week, year, whatever will bring or who will be there.

My rule of thumb is: At all meetings, IEP;s, staffings, whatever, think of

what would happen if all on the " team " are not there next year. Do not

ASSUME that all will realize or agree with the importance of what was

decided. GET IT ALL IN WRITING! Just to cover all bases.

[Guest guest]

IEP_guide/links

http://www.elc-pa.org/THE%20RIGHT%20TO%20SPECIAL%20EDUCATION.htm

> In a message dated 6/23/01 7:30:29 PM Central Daylight Time,

> macfamily38@j... writes:

>

> > My question for those of you still reading is, what is due

> > process? That is how the director said they will handle it.

What do I

> > need to be ready for now?

> > Thanks for anyone still reading who can help me.

> > Sincerely,

> > Kym...mom to 4, including 4 year old with DS

> >

>

> hi Kym

>

> Im not sure how due process works in this case (only familiar with

it during

> IEP seasons) but Im betting this is a clear infraction of your

state law.

> Most states have seat belt/car seat requirements using the weight

and age of

> the child.....Id check into that

>

> I griped for a year to get a seat belt on the Reg Ed bus for Sara,

she was

> bad about standing up and talking to kids who called her

name....she was Miss

> Popular on the bus lol well she got one near the end of the year

and the next

> year I transported her lolol they rezoned our area so a bus wasn't

even

> available if I kept her in the school she last attended.

>

> Just this week we had an infant die in a wreck, the child was being

held in

> someone's arms in a car.......charges are pending on this family

for not

> having the child restrained.

>

> I would ask someone familiar with due process, like a parent

training center

> on what the heck they meant

>

> Kathy mom to Sara 9