District Administration - June 2008 - (Page 61)

LEGAL ISSUES PECIAL EDUCATION COSTS in K12 schools are rising signiﬁcantly across the nation. For example, in Massachusetts the districts in Saugus and Lynn are projected to increase spending more than $1 million next year. Escalating energy charges and resulting transportation costs are primary causes for the budget hikes, especially since Massachusetts requires schools to educate disabled students from ages 3 to 22. In addition, schools are required to transport special needs students to outside placements if their needs cannot be met within the districts. And while districts in states including California are instituting bus fees and asking more students to walk to school to cope with out-of-control budgets, this is not possible for special education students, who have legally protected transportation rights that districts must address. While school administrators are generally familiar with educational responsibilities under federal law to serve students with disabilities, they may be less aware of legal requirements to these same students regarding transportation to and from school. Compliance deﬁciencies in this area can leave special needs students underserved and render districts vulnerable to costly litigation. The following is a summary of legal obligations, potential policy pitfalls, and practical ways that districts can comply with the laws. Legal Obligations The two major laws governing the transportation of special needs students are the Individuals with Disabilities Education Improvement Act (IDEIA) and Section 504 of the Rehabilitation Act of 1973. The following are the pertinent provisions. IDEIA This federal act requires that public schools that receive federal funding must identify eligible students with disabilities and provide those students with special education and related services. Each student receiving services under IDEIA must have an individualized education program (IEP) created by a team of parents, school professionals and perhaps others. Under IDEIA, schools must also prowww.DistrictAdministration.com S Transporting Special Needs Students Special education students have legally protected transportation rights that districts must address. BY ALLISON FETTERHARROTT, AMY M. STEKETEE AND MARY JO DARE vide the transportation necessary for a child to beneﬁt from the IEP, but schools are not required to provide specialized transportation merely for the convenience of students or their parents. Examples of necessary special education transportation include: • Accommodating a student using a wheelchair by providing a bus that uses a wheelchair lift, and a driver or attendant who is able to operate the lift. • Providing a qualiﬁed aide to accompany a child on the bus as necessary, to manage the child’s behavior or administer any necessary health assistance. • Structuring a bus route so that a stu- dent can be the “last on, ﬁrst oﬀ,” or providing a ride to school by car or public transportation. • Providing a ride to school by car, public transportation, or by paying a parent round-trip school-to-home mileage for transporting a child when it is inappropriate for a child to ride with peers. When providing transportation to a student as a required service under the IDEIA, a school must provide this service at no cost to the student in the “least restrictive environment” (LRE). This means that a student with a disability should be transported whenever possible with nondisabled peers. June 2008 61 http://www.DistrictAdministration.com

Table of Contents for the Digital Edition of District Administration - June 2008

District Administration - June 2008
Contents
Editor’s Letter
Letters
News Update
Technology Update
Inside the Law
Conversations
Online Edge
Speaking Out
Professional Opinion
Crisis Response
Administrator Profile
District Profile
Cutting Costs from the Inside Out
New Literacies: Entering the Future
Online Videoconferencing
Achievement Today
Transporting Special Needs Students
How Well Does This Web Site Work?
New Products
Problem/Solution
Calendar of Events
Understanding the Times

District Administration - June 2008