Q & A: School refuses to transport child

This question was originally posted on www.avvo.com. 

Question:
 
My 8yr old G-son has AD/HD,ODD,OCD & rides a school bus to & from school with other special need children.(7yrolds to13yrolds) There have been problems on this bus (say's the attendant reports) Like calling each other names, getting out of their seat, bouncing up and down in their seat, or just talking to another student 4seats away, some of which are petty things, some are safety issues (getting out of seat while bus is moving), but it seems my grandson is the 1who is getting wrote up, not the other child/children who are involved . Some of these kids ride this bus 7-10miles 1way to school, due to lack of Special Needs School/Education Teachers.
 
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, How could they know this, if they Don't TRY /Transfer him to another bus!  11 other kids on that bus.  My Daughter has tried to solve this problem by contacted Dept of Ed, Head of Dept. Transp,Legal Aid, Dept of Disab.advoc.(which says this could take 30-to-90 days to resolve), if it gets resolved.  Sch Principal says they will pay my daughter $14. ady to transpt.him,14miles round trip to/frm sch. thats just wrong of them to even ask her, when there's the NO CHILD LEFT BEHIND RULE/LAW! .Is there anyone who can point us in the right Direction to get help?
Thank You.
 

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. 

---