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IDEA Complaint Decision 18-070

On September 17, 2018 (form dated September 14, 2018), the Department of Public Instruction (department) received a complaint under state and federal special education law from XXXXX (parent) against the XXXXX (district). This is the department’s decision regarding that complaint. The issue is whether the district, since September 4, 2018, properly implemented an individualized education program (IEP) for a student with a disability regarding specialized transportation.

Each student’s IEP must include a statement of the special education, related services, supplementary aids and services, and program modifications or supports for school staff to be provided based on each student’s unique needs. IEPs must describe services so the level of the district’s commitment of resources is clear to parents and other IEP team members. The description of the amount, frequency, location, and duration of each service must be appropriate to the specific service and stated in the IEP, in a manner clear to all who are involved in both the development and the implementation of the IEP. All services must be provided as described in the IEP. [34 CFR §§ 300.320 and 300.323]

An IEP for the student was developed at a meeting attended by the parents on April 19, 2018. Under the related services section of the IEP, the team wrote the student would receive specialized transportation six times per week. This transport included door-to-door busing with a star 3-point harness for safety to and from school three days a week between 8:50 a.m. and 11:50 a.m.

In a written response to the parent, district officials acknowledge the bus provided for the student on the first day of school, September 4, 2018, did not have a safety harness. The district also acknowledges that on the first day of school the student was placed on the wrong bus for the trip home and arrived an hour and one-half later than scheduled. The bus company and the school principal have apologized to the parent for the serious mistake transporting the student. The district has also confirmed the driver is now securing the belt and safety harness for the student each day by reviewing bus videos on a daily basis. The district took immediate steps to address the failure to implement the student’s IEP regarding specialized transportation, and no further corrective action is required.

This concludes our review of this complaint. This decision is final for the IDEA State Complaint process.

//signed by CST 11/16/18
Carolyn Stanford Taylor
Assistant State Superintendent
Division for Learning Support