Re: IEP / Transportation Question [San Unified, California]

[Guest guest]

I'm not sure what the law is, but I think they deffinately have rules about in

district transportation only, at least our area does, I am pretty sure it is

different with every state, maybe even every city. That really does suck and is

pretty stupid. The thing about dropping him off at his day care though is that

they are giving him to a non-parent or basically anyone from the day care and so

they are reliable if someone was just standing out there who isn't a parent or

day care person were to take him and run off with him. So they are probably

fussing on that issue. It's really complicated and political and yes in the end

stupid. Look further into your state laws regarding transporting special needs

kids and see what you get. Other than that I don't think there is a whole lot

you can do about it.

IEP / Transportation Question [san Unified,

California]

Hi, my son is HOH and turned three in February. As part of his IEP the

school district (San Unified) agreed to placing him in a special

education program that is available in a nearby district (Santa Clara) and

also provide transportation (about 3 miles from home).

The program runs daily from 8:00 to 11:00 am. I was initally told that the

bus would pick him up from home and drop him off after the program to his

after school day care, provided the day care was within the district.

It so happens that my son's day care is NOT within SJ Unified boundaries.

However, it is in Santa Clara, and is much closer to the school than is my

home (1.1 miles vs 3 miles), and is virtually on the route the bus (ok, it's

1/4 mile off) would have to take to bring my son home from school. I

requested the district to transport him directly to the day care, which they

denied. Which is strange since it would probably cost them less to

transport him there directly than to my home, and certainly far less than it

would have been had the day care been in Almaden Valley, at the other end of

the SJ Unified school district (which due to the peculiarity of geography,

is 15 miles away!).

Now the school district tells me that transportation under law can only be

provided to and from home.

Is there any law or precedent I can cite to convince them otherwise?

[Guest guest]

I'm not sure what the law is, but I think they deffinately have rules about in

district transportation only, at least our area does, I am pretty sure it is

different with every state, maybe even every city. That really does suck and is

pretty stupid. The thing about dropping him off at his day care though is that

they are giving him to a non-parent or basically anyone from the day care and so

they are reliable if someone was just standing out there who isn't a parent or

day care person were to take him and run off with him. So they are probably

fussing on that issue. It's really complicated and political and yes in the end

stupid. Look further into your state laws regarding transporting special needs

kids and see what you get. Other than that I don't think there is a whole lot

you can do about it.

IEP / Transportation Question [san Unified,

California]

Hi, my son is HOH and turned three in February. As part of his IEP the

school district (San Unified) agreed to placing him in a special

education program that is available in a nearby district (Santa Clara) and

also provide transportation (about 3 miles from home).

The program runs daily from 8:00 to 11:00 am. I was initally told that the

bus would pick him up from home and drop him off after the program to his

after school day care, provided the day care was within the district.

It so happens that my son's day care is NOT within SJ Unified boundaries.

However, it is in Santa Clara, and is much closer to the school than is my

home (1.1 miles vs 3 miles), and is virtually on the route the bus (ok, it's

1/4 mile off) would have to take to bring my son home from school. I

requested the district to transport him directly to the day care, which they

denied. Which is strange since it would probably cost them less to

transport him there directly than to my home, and certainly far less than it

would have been had the day care been in Almaden Valley, at the other end of

the SJ Unified school district (which due to the peculiarity of geography,

is 15 miles away!).

Now the school district tells me that transportation under law can only be

provided to and from home.

Is there any law or precedent I can cite to convince them otherwise?

[Guest guest]

I'm not sure what the law is, but I think they deffinately have rules about in

district transportation only, at least our area does, I am pretty sure it is

different with every state, maybe even every city. That really does suck and is

pretty stupid. The thing about dropping him off at his day care though is that

they are giving him to a non-parent or basically anyone from the day care and so

they are reliable if someone was just standing out there who isn't a parent or

day care person were to take him and run off with him. So they are probably

fussing on that issue. It's really complicated and political and yes in the end

stupid. Look further into your state laws regarding transporting special needs

kids and see what you get. Other than that I don't think there is a whole lot

you can do about it.

IEP / Transportation Question [san Unified,

California]

Hi, my son is HOH and turned three in February. As part of his IEP the

school district (San Unified) agreed to placing him in a special

education program that is available in a nearby district (Santa Clara) and

also provide transportation (about 3 miles from home).

The program runs daily from 8:00 to 11:00 am. I was initally told that the

bus would pick him up from home and drop him off after the program to his

after school day care, provided the day care was within the district.

It so happens that my son's day care is NOT within SJ Unified boundaries.

However, it is in Santa Clara, and is much closer to the school than is my

home (1.1 miles vs 3 miles), and is virtually on the route the bus (ok, it's

1/4 mile off) would have to take to bring my son home from school. I

requested the district to transport him directly to the day care, which they

denied. Which is strange since it would probably cost them less to

transport him there directly than to my home, and certainly far less than it

would have been had the day care been in Almaden Valley, at the other end of

the SJ Unified school district (which due to the peculiarity of geography,

is 15 miles away!).

Now the school district tells me that transportation under law can only be

provided to and from home.

Is there any law or precedent I can cite to convince them otherwise?

[Guest guest]

<<Now the school district tells me that transportation under law can only be

provided to and from home.

Is there any law or precedent I can cite to convince them otherwise?>>

It varies by state. In our state, and in our district, kids are often

transported to their day care setting. However, also in our state, it is the

law that no public school bus can take a child to any religion-based school

program. You need to find the California code and read it yourself to see if it

says they cannot transport your child to another setting other than home. I

read the Washington code (because I hate to take no for an answer) and sure

enough, it clearly stated what they were telling me. However, I did find other

information in there that helped me with other things I was being told which

were not true.

Carol - mom to , 7.11, mod to profound, LVAS

[Guest guest]

<<Now the school district tells me that transportation under law can only be

provided to and from home.

Is there any law or precedent I can cite to convince them otherwise?>>

It varies by state. In our state, and in our district, kids are often

transported to their day care setting. However, also in our state, it is the

law that no public school bus can take a child to any religion-based school

program. You need to find the California code and read it yourself to see if it

says they cannot transport your child to another setting other than home. I

read the Washington code (because I hate to take no for an answer) and sure

enough, it clearly stated what they were telling me. However, I did find other

information in there that helped me with other things I was being told which

were not true.

Carol - mom to , 7.11, mod to profound, LVAS

[Guest guest]

<<Now the school district tells me that transportation under law can only be

provided to and from home.

Is there any law or precedent I can cite to convince them otherwise?>>

It varies by state. In our state, and in our district, kids are often

transported to their day care setting. However, also in our state, it is the

law that no public school bus can take a child to any religion-based school

program. You need to find the California code and read it yourself to see if it

says they cannot transport your child to another setting other than home. I

read the Washington code (because I hate to take no for an answer) and sure

enough, it clearly stated what they were telling me. However, I did find other

information in there that helped me with other things I was being told which

were not true.

Carol - mom to , 7.11, mod to profound, LVAS

[Guest guest]

Here in PA, our daughter has been transported from home to school in the AM

and from school to a daycare afterschool. The daycare apparantly had to be <

10 lies fron the school district border.

This has been since she was 3 and is now 5. Always with an aide.

Betsy

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[Guest guest]

Here in PA, our daughter has been transported from home to school in the AM

and from school to a daycare afterschool. The daycare apparantly had to be <

10 lies fron the school district border.

This has been since she was 3 and is now 5. Always with an aide.

Betsy

_________________________________________________________________

Limited-time offer: Fast, reliable MSN 9 Dial-up Internet access FREE for 2

months!

http://join.msn.com/?page=dept/dialup & pgmarket=en-us & ST=1/go/onm00200361ave/dire\

ct/01/

[Guest guest]

The other day care program is NOT religion-based. The only resource I have

found online so far with the state regulations is at

http://www.cde.ca.gov/spbranch/sed/iep_trnsprtn.pdf. I also found the

actual regulations at:

http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=edc &

This seems to suggest that only " home to school " transportation is legally

required, unless being moderately HOH falls under " severely disabled special

day class pupils " .

What is interesting is first they offered to transport him to a daycare

anywhere in the district but changed their tune when I asked him to go out

of district (but closer to, and on the way back from school!).

Sorry for the long posts, some excerpts below.

Rajeev

---

California Education Code (EC) Section 56040 states: " Every individual with

exceptional needs, who is eligible to receive educational instruction,

related services, or both under this part [Part 30] shall receive such

educational instruction, services, or both, at no cost to his or her parents

or, as appropriate, to him or her. " Special education transportation is

defined in federal regulation (34 CFR. Section 300.24) as a related service.

Transportation is required to be provided if it is necessary for the student

to benefit from special education instruction. In addition, as required for

any special education program, the service must be provided to meet the

criteria for a free, appropriate public education.

....

EC 41850((5) defines " home-to-school transportation services " for pupils

with exceptional needs as:

" The transportation of individuals with exceptional needs as specified in

their individualized education programs, who do not receive special

education transportation as defined in subdivision (d) "

----

41850. (a) Apportionments made pursuant to this article shall only

be made for home-to-school transportation and special education

transportation, as defined in this section.

( As used in this article, " home-to-school transportation "

includes all of the following:

(1) The transportation of pupils between their homes and the

regular full-time day school they attend, as provided by a school

district or county superintendent of schools.

(2) The payment of moneys by a school district or county

superintendent of schools to parents or guardians of pupils made in

lieu of providing for the transportation of pupils between their

homes and the regular full-time day schools they attend.

(3) Providing board and lodging to pupils by a school district or

county superintendent of schools made in lieu of providing for the

transportation of pupils between their homes and the regular

full-time day schools they attend.

(4) The transportation of pupils between the regular full-time day

schools they would attend and the regular full-time occupational

training classes they attend, as provided by a regional occupational

center or program.

(5) The transportation of individuals with exceptional needs as

specified in their individualized education programs, who do not

receive special education transportation as defined in subdivision

(d).

(6) The payment of moneys by a school district or county

superintendent of schools for the replacement or acquisition of

schoolbuses.

© For purposes of this article, the computation of the

allowances provided to a regional occupational center or program

shall be subject to all of the following:

(1) A regional occupational center or program shall receive no

allowance for 50 percent of the total transportation costs.

(2) A regional occupational center or program shall be eligible

for a transportation allowance only if the total transportation costs

exceed 10 percent of the total operational budget of the regional

occupational center or program.

(3) A regional occupational center or program eligible for a

transportation allowance pursuant to paragraph (2) shall receive an

amount equal to one-third of the transportation costs subject to

reimbursement.

(d) As used in this article, " special education transportation "

means either of the following:

(1) The transportation of severely disabled special day class

pupils, and orthopedically impaired pupils who require a vehicle with

a wheelchair lift, who received transportation in the prior fiscal

year, as specified in their individualized education program.

(2) A vehicle that was used to transport special education pupils.

---

Rajeev

Re: IEP / Transportation Question [san Unified,

California]

<<Now the school district tells me that transportation under law can only be

provided to and from home.

Is there any law or precedent I can cite to convince them otherwise?>>

It varies by state. In our state, and in our district, kids are often

transported to their day care setting. However, also in our state, it is

the law that no public school bus can take a child to any religion-based

school program. You need to find the California code and read it yourself

to see if it says they cannot transport your child to another setting other

than home. I read the Washington code (because I hate to take no for an

answer) and sure enough, it clearly stated what they were telling me.

However, I did find other information in there that helped me with other

things I was being told which were not true.

Carol - mom to , 7.11, mod to profound, LVAS

[Guest guest]

The other day care program is NOT religion-based. The only resource I have

found online so far with the state regulations is at

http://www.cde.ca.gov/spbranch/sed/iep_trnsprtn.pdf. I also found the

actual regulations at:

http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=edc &

This seems to suggest that only " home to school " transportation is legally

required, unless being moderately HOH falls under " severely disabled special

day class pupils " .

What is interesting is first they offered to transport him to a daycare

anywhere in the district but changed their tune when I asked him to go out

of district (but closer to, and on the way back from school!).

Sorry for the long posts, some excerpts below.

Rajeev

---

California Education Code (EC) Section 56040 states: " Every individual with

exceptional needs, who is eligible to receive educational instruction,

related services, or both under this part [Part 30] shall receive such

educational instruction, services, or both, at no cost to his or her parents

or, as appropriate, to him or her. " Special education transportation is

defined in federal regulation (34 CFR. Section 300.24) as a related service.

Transportation is required to be provided if it is necessary for the student

to benefit from special education instruction. In addition, as required for

any special education program, the service must be provided to meet the

criteria for a free, appropriate public education.

....

EC 41850((5) defines " home-to-school transportation services " for pupils

with exceptional needs as:

" The transportation of individuals with exceptional needs as specified in

their individualized education programs, who do not receive special

education transportation as defined in subdivision (d) "

----

41850. (a) Apportionments made pursuant to this article shall only

be made for home-to-school transportation and special education

transportation, as defined in this section.

( As used in this article, " home-to-school transportation "

includes all of the following:

(1) The transportation of pupils between their homes and the

regular full-time day school they attend, as provided by a school

district or county superintendent of schools.

(2) The payment of moneys by a school district or county

superintendent of schools to parents or guardians of pupils made in

lieu of providing for the transportation of pupils between their

homes and the regular full-time day schools they attend.

(3) Providing board and lodging to pupils by a school district or

county superintendent of schools made in lieu of providing for the

transportation of pupils between their homes and the regular

full-time day schools they attend.

(4) The transportation of pupils between the regular full-time day

schools they would attend and the regular full-time occupational

training classes they attend, as provided by a regional occupational

center or program.

(5) The transportation of individuals with exceptional needs as

specified in their individualized education programs, who do not

receive special education transportation as defined in subdivision

(d).

(6) The payment of moneys by a school district or county

superintendent of schools for the replacement or acquisition of

schoolbuses.

© For purposes of this article, the computation of the

allowances provided to a regional occupational center or program

shall be subject to all of the following:

(1) A regional occupational center or program shall receive no

allowance for 50 percent of the total transportation costs.

(2) A regional occupational center or program shall be eligible

for a transportation allowance only if the total transportation costs

exceed 10 percent of the total operational budget of the regional

occupational center or program.

(3) A regional occupational center or program eligible for a

transportation allowance pursuant to paragraph (2) shall receive an

amount equal to one-third of the transportation costs subject to

reimbursement.

(d) As used in this article, " special education transportation "

means either of the following:

(1) The transportation of severely disabled special day class

pupils, and orthopedically impaired pupils who require a vehicle with

a wheelchair lift, who received transportation in the prior fiscal

year, as specified in their individualized education program.

(2) A vehicle that was used to transport special education pupils.

---

Rajeev

Re: IEP / Transportation Question [san Unified,

California]

<<Now the school district tells me that transportation under law can only be

provided to and from home.

Is there any law or precedent I can cite to convince them otherwise?>>

It varies by state. In our state, and in our district, kids are often

transported to their day care setting. However, also in our state, it is

the law that no public school bus can take a child to any religion-based

school program. You need to find the California code and read it yourself

to see if it says they cannot transport your child to another setting other

than home. I read the Washington code (because I hate to take no for an

answer) and sure enough, it clearly stated what they were telling me.

However, I did find other information in there that helped me with other

things I was being told which were not true.

Carol - mom to , 7.11, mod to profound, LVAS