Say's they can't provide 8yr old with Transportation
We asked that they transfer him to another bus,Transportation Say's No, because he will do the same thing on other buses! They don't know this,
1 attorney answer
First, the most applicable law in your case is the Individuals with Disabilities Education Act (IDEA) and not No Child Left Behind.
Your child is covered by IDEA if he has an Individualized Education Plan (IEP). Because you refer to him being in special education, I'm assuming he does have an IEP.
Special education includes "related services" like transportation to and from school, for without transportation your child would not benefit from special education. See 20 U.S.C. §140 1(26). Simply stated: if your child can't get to school, he can't learn, if he isn't learning, the school is violating the law.
But the analysis doesn't stop there. The school has the right to punish your son if he misbehaves on the bus. However, if you believe your son's behavior is a result of his disability (e.g. ADHD causing poor impulse control) the school is required under IDEA to conduct a functional behavior analysis of your son and implement a behavior plan to help prevent and respond to your child's inappropriate conduct on the bus.
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