Intro/Reintro

[shellsbells]

Hi I was on the bump for awhile as DCMetrobride, but haven't been on for the past few months. My DD suffered a stroke at birth and suffers from global developmental delays. She also had an severe posterior tongue tie that doctors failed to treat and the two combined led us to a g-tube. She is now starting to eat orally now that the tongue tie is corrected, but we do a blended diet too for the g-tube.
She also has low tone and decreased reflexes. 


Anyways, my DD aged out of early intervention and is now in our school system's integrated preschool where she receives services. Since she goes to a private preschool in the morning, she goes to the afternoon session of the public school. During our PPT meeting it was determined she would receive bus transportation from her private preschool to the public school. The school system refuses to pick my daughter up at the door of the private preschool. Instead they want her to wait for the bus on the sidewalk in front. Getting there requires her to walk through a parking lot and up a hill. The sidewalk is adjacent to a state road with a 40mph speed limit, which most drivers take as merely a suggestion.



We asked that the pickup location be added to her IEP given she has sensory issues and issues with walking, but they refused. They keep stating it is not their policy to enter private roads. They do however pick up and dropoff in district students to private schools that are within the school district. We are reaching an impasse with the school district is our next step a request for mediation and/or a due process hearing? From my own research, drop off, especially door-to-door is a grey are of the IDEA. Any suggestions?

[cam]

I am no help in the pick up matter, but welcome to our new home.

[bubbalicious]

DC! Glad you are here!

I am hoping some other fabulous moms have some advice. Have you looked at state law? ADA?

IDEA link about transportation
link

Easter Seals (mentioned in above article)
link

Another link
link

[mrsbuttinski]

This may or may not be a winnable battle. Not sure it's a hill upon which I would choose to squander my reputation as a collaborative CST-member this early in the game. YMMV.

Some random thoughts.

You seem to be fighting this on the grounds of "feeling" rather than factual matters. On one hand you're focused on parts of your child's condition that may have nothing to do with getting to or on the bus. That's not how to best prevail at the IEP table.

Her low tone could be considered if it is severe and if she has accommodations in her IEP that address her inability to move around the building physically- is she restricted from visiting specials or going to the gym or out for recess? How great is the distance she would be required to walk? How steep is the hill?

The fact that other students are dropped off at other buildings doesn't necessarily strengthen your case. Most purpose built indie and parochial schools have driveways designed to accommodate buses. Unless other children are being collected at this building at the door, you probably won't prevail based on what is done elsewhere. Often private preschools are buildings designed for other purposes and it's just not physically possible to safely drive a bus through the lot.

The mandate of IDEA is to provide a child with LRE. Part of her riding the bus is the opportunity to learn to ride the bus in the manner typical kids do. The school could interpret the bus stop as LRE and "transportation training". I assume an adult from the private preschool would walk her to the stop, same as a SAHP would at this age. What's the bus stop for the ride home?

[shellsbells]

Mar 19, 2015 7:30:11 GMT -5 mrsbuttinski said:

This may or may not be a winnable battle. Not sure it's a hill upon which I would choose to squander my reputation as a collaborative CST-member this early in the game. YMMV.


We realize this and have tried hard to continue to have goodwill toward the team and have been assured that they understand that this whole thing is absurd and based on a budgetary focus on interpreting a poorly written transportation policy.  Most of the therapists and others agree that this location is not safe or reasonable. In the past (as recently as 2010) the district's buses did enter the private preschool's parking lot and pick children up at the door. We are not alone in this fight - there is one other child at my daughter's school (with possibly a third child starting soon) and another child at a nearby daycare.

I have poured through school board minutes and policies and cannot find what changed since 2010 besides budget cuts. The other issue is the private preschool does not have the resources to lend a staff member to wait for the bus nor do they feel the location is safe. 

I should note this is a Jewish preschool housed in a Chabad center and there are not even signs indicating the building occupants for security matters. Given recent events and an increase of anti-semitism around the globe, it is even a great concern for the school. 

Some random thoughts.

You seem to be fighting this on the grounds of "feeling" rather than factual matters. On one hand you're focused on parts of your child's condition that may have nothing to do with getting to or on the bus. That's not how to best prevail at the IEP table.

Her low tone could be considered if it is severe and if she has accommodations in her IEP that address her inability to move around the building physically- is she restricted from visiting specials or going to the gym or out for recess? How great is the distance she would be required to walk? How steep is the hill?  


Her low tone and weakness is noted in the IEP and she does receive help once she gets to the public preschool. Her backpack with her lunch is too heavy for her to carry herself without falling over. She also has sensory issues where like most children her age she won't keep shoes, socks, mittens, hats on. I have taken her to New York City and have risked life and limb to retrieve articles she has thrown off of her. I have asked that all this be taken into consideration but was originally told pickup locations cannot be discussed at PPT meetings or put on the IEP. I have since asked for documentation to cite where that is stated and have now been told it isn't anywhere.



The fact that other students are dropped off at other buildings doesn't necessarily strengthen your case. Most purpose built indie and parochial schools have driveways designed to accommodate buses. Unless other children are being collected at this building at the door, you probably won't prevail based on what is done elsewhere. Often private preschools are buildings designed for other purposes and it's just not physically possible to safely drive a bus through the lot.


Her private school has a driveway that can accommodate the bus and it has gone there in the past. This is a religious institution and they even have buses to take the older children and congregation members on trips. 

The mandate of IDEA is to provide a child with LRE. Part of her riding the bus is the opportunity to learn to ride the bus in the manner typical kids do. The school could interpret the bus stop as LRE and "transportation training". I assume an adult from the private preschool would walk her to the stop, same as a SAHP would at this age. What's the bus stop for the ride home?

Our babysitter picks her up from school. Otherwise the bus ride would be close to an hour. Currently she is taking her too and also taking the other little boy a few times a week. We could keep doing this, but honestly with the amount of property taxes we pay, I want my money's worth. My daughter wants to ride the bus and the short ride for the next couple years would help her train to ride the bus. 

The school has offered a few creative solutions as well as one poorly written settlement agreement. The creative solution was for the school district to buy a stroller for the private school to use to push my daughter to the bus stop and contain her while she waited - I found this to not be within LRE. The settlement agreement was so poorly written that neither my husband (whose an attorney) nor I (MBA) could clearly understand the terms. The document didn't even follow a standard template for a settlement agreement. My husband redlined the entire document and is in the process of re-writing it. 

We just received notice that they want to do another PPT meeting. I plan to use this meeting to get the specific transportation needs addressed and added to the IEP. If it's on the IEP, they have to follow it, right?

[numbbears]

Welcome back! Hope it gets resolved.

[mrsbuttinski]

Mar 19, 2015 10:17:59 GMT -5 shellsbells said:

Mar 19, 2015 7:30:11 GMT -5 mrsbuttinski said:

We realize this and have tried hard to continue to have goodwill toward the team and have been assured that they understand that this whole thing is absurd and based on a budgetary focus on interpreting a poorly written transportation policy.  Most of the therapists and others agree that this location is not safe or reasonable. In the past (as recently as 2010) the district's buses did enter the private preschool's parking lot and pick children up at the door. We are not alone in this fight - there is one other child at my daughter's school (with possibly a third child starting soon) and another child at a nearby daycare.

Which therapists? Are they the ones from EI or are they part of her current CST/IEP team? Have you and the other parents at the school approached the transportation department about this? Would they be getting on the bus together or do they attend at other times? This is a situation where there might be strength in numbers.

I have poured through school board minutes and policies and cannot find what changed since 2010 besides budget cuts. The other issue is the private preschool does not have the resources to lend a staff member to wait for the bus nor do they feel the location is safe. 

Budget cuts make no sense at all. I mean, how is it more expensive to pull into a driveway? I doubt this is about money in the usual sense unless they're looking to inconvenience you into sucking it up and doing your own transportation. 

I should note this is a Jewish preschool housed in a Chabad center and there are not even signs indicating the building occupants for security matters. Given recent events and an increase of anti-semitism around the globe, it is even a great concern for the school. 

I don't see where that would make a difference, there's either room for the bus or there isn't. 


Her low tone and weakness is noted in the IEP and she does receive help once she gets to the public preschool. Her backpack with her lunch is too heavy for her to carry herself without falling over. She also has sensory issues where like most children her age she won't keep shoes, socks, mittens, hats on. I have taken her to New York City and have risked life and limb to retrieve articles she has thrown off of her. I have asked that all this be taken into consideration but was originally told pickup locations cannot be discussed at PPT meetings or put on the IEP. I have since asked for documentation to cite where that is stated and have now been told it isn't anywhere.

Not sure undressing on the street is a typical behavior. I don't recall any of my nieces engaging in this behavior. I never succeeded in keeping a hat on DS until he was in marching band. 

I'm sort of curious where they'd drop her if she took the bus home. I mean, would it be to your front door or would it be a few blocks away?


Her private school has a driveway that can accommodate the bus and it has gone there in the past. This is a religious institution and they even have buses to take the older children and congregation members on trips. 

That's good. Has anyone from the team actually seen the corner they're proposing? 

Our babysitter picks her up from school. Otherwise the bus ride would be close to an hour. Currently she is taking her too and also taking the other little boy a few times a week. We could keep doing this, but honestly with the amount of property taxes we pay, I want my money's worth. My daughter wants to ride the bus and the short ride for the next couple years would help her train to ride the bus. 

I understand what you mean, but that's a real bad way to approach this with an IEP team. This isn't about your value for money, its about your child's right to the services and accommodations she needs. You don't want to make it about money.

The school has offered a few creative solutions as well as one poorly written settlement agreement.

Why do you have a settlement agreement?

The creative solution was for the school district to buy a stroller for the private school to use to push my daughter to the bus stop and contain her while she waited - I found this to not be within LRE.

Where did you find language around that? Your LEA will probably interpret a stroller in this situation is an assistive device rather than an actual educational placement. Use of a device, to access LRE would be a reasonable accommodation.

The settlement agreement was so poorly written that neither my husband (whose an attorney) nor I (MBA) could clearly understand the terms. The document didn't even follow a standard template for a settlement agreement. My husband redlined the entire document and is in the process of re-writing it. 

We just received notice that they want to do another PPT meeting. I plan to use this meeting to get the specific transportation needs addressed and added to the IEP. If it's on the IEP, they have to follow it, right?

If it's in the IEP it is legally binding. I hope you can work this out.