Archive — Month: June 2016


Published: June 24th, 2016

Can a district or charter school deny a parental request for an IEE without filing for due process if the district or charter school evaluation is more than two years old?

Yes. The United States Department of Education/Office of Special Education Programs (OSEP) has indicated that a school can deny an IEE without requesting a due process hearing if the school’s evaluation is more than two years old. This aligns with the IDEA’s two-year statute of limitations under the 2004 reauthorization of the IDEA. [See Letter [Read more…]

Published: June 24th, 2016

Must transportation be made available to all students who are eligible to receive special education and related services?

Transportation is a related service under the IDEA and includes “travel to and from school and between schools, travel in and around school buildings, and specialized equipment (such as special or adapted buses, lifts, and ramps), if required to provide special transportation for a child with a disability.” [34 C.F.R. §§ 300.34(a) and (c)(16)] Not [Read more…]

Published: June 24th, 2016

Do the regulations that implement the Individuals with Disabilities Education Act (IDEA) limit the amount of time a student with a disability can spend on the bus?

The regulations that implement the IDEA and Arizona State Board of Education rules are silent as to the amount of time a child with a disability can spend on the bus. However, it is logical to assume that if a child requires transportation as a related service, then the school day would begin when the [Read more…]

Published: June 24th, 2016

Do children eligible for special education who have transportation as a related service need to be transported on a separate special education bus?

No. “The Individuals with Disabilities Education Act (IDEA) does not require [schools] to transport children with disabilities in separate vehicles, isolated from their peers. In fact, many children with disabilities can receive the same transportation provided to non-disabled children, consistent with the least restrictive environment requirements in 34 C.F.R. §§300.39(a)(2)(ii) and 300.39(b)(4).” [Questions and Answers [Read more…]

Published: June 24th, 2016

What information about a student eligible for special education should be shared with the student’s bus driver?

“Effective communication between schools and transportation providers is essential, including communication about transportation needs and potential problems of children with disabilities. To the extent appropriate, school personnel in [schools] should ensure that school bus drivers or other transportation providers are well informed about protecting the confidentiality of student information related to (1) the special needs [Read more…]