My child is 4 years old and attending pre-K this year. I have noticed a tremendous change in her behavior. I have always noticed her hyperness but only contributed it to her age, but now that she is in school, in a controled environment with guidelines to follow, her behavior stands out. Since school started the bus driver constantly stayed in touch with me complaining about shyan’s behavior, not being able to sit still, crawling under the seat, hitting other children in her seat. Her teacher also begin to complain of her behavior, she is easily sidetracked and had a difficult time staying focused. The teacher said that shyan had an impulsive reaction to hit someone without thinking first. In November, shyan was suspended from the bus for 3 days for spitting on another kid. I spoke to the principle and explained to her that I suspected that shyan had ADHD and that I wanted her to be evaluated. One week after shyan returned to the bus from her suspention, she was suspended again for 20 days for kicking another child in the face, hitting , not being able to remain in her seat, and not listening to the bus driver.I was told that next time it would be 45 days off the bus. I took her to the docter my self because the school was taking to long with the evaluation and would not make any modifications for her;she was diagnosed with ADHD. I informed the principle of her diagnoses and asked if there was anything we can work out to keep shyan on the bus, I even suggested having my older son set with her because I knew she would listen to him, the principle said no. Shyan was finally evaluated in school, her IEP meeting is a week away and they do not seem to be wanting to make any adjustments for shyan on the bus. What can I do? I have looked through all sorts of info. on ADHD and found nothing on transportation rights. I would like to know something of her rights. If shyan has no way to school than she has no way of receiving an education. I attend college and cannot take her back and forth and I have no one to help me. Can the school keep suspending her from the bus?
Background: Shyan is not biologically mine, I have had custody of her since she was 6 months old. She has an older sister that lives with her aunt with the same problems, but hers have gotten worst. Her sister was diagnosed with BD, ADHD, and neuralogical problems (seizures). She is in Sp. Ed.
Re: problems on the bus for ADHD child
Transportation is considered a related service.
§300.24 Related services.
(a) General. As used in this part, the term related services means transportation and such developmental, corrective, and other supportive services as are required to assist a child with a disability to benefit from special education, and includes speech-language pathology and audiology services, psychological services, physical and occupational therapy, recreation, including therapeutic recreation, early identification and assessment of disabilities in children, counseling services, including rehabilitation counseling, orientation and mobility services, and medical services for diagnostic or evaluation purposes. The term also includes school health services, social work services in schools, and parent counseling and training.
During the IEP process the IEP team is obligated to consider ANY and all related services the child might need.
§300.343 IEP meetings.
b) Initial IEPs; provision of services.
(1) Each public agency shall ensure that within a reasonable period of time following the agency’s receipt of parent consent to an initial evaluation of a child—
(i) The child is evaluated; and
(ii) If determined eligible under this part, special education and related services are made available to the child in accordance with an IEP.
(2) In meeting the requirement in paragraph (b)(1) of this section, a meeting to develop an IEP for the child must be conducted within 30-days of a determination that the child needs special education and related services.
But even more than the issue of whether transportation is a required related services for your daughter is the issue of the schools obligation to address her behavior problems as a result of her disability.
300.346
(2) Consideration of special factors. The IEP team also shall -
(i) In the case of a child whose behavior impedes his or her learning or that of others, consider, if appropriate, strategies, including positive behavioral interventions, strategies, and supports to address that behavior;
In other words after this long winded explanation:
the school must address in a proactive and positive way her behavior,and provide services ,such as transportation assistance if they can not elliviate the problem on the bus.
This is ONLY after she obtains an IEP. She at this moment,is not considered a child with a disability.
I would also check your state laws regarding preK provisions in your state,because this will also impact your daughter’s rights being that she is 4 year old.
c) IEP or IFSP for children aged 3 through 5.
(1) In the case of a child with a disability aged 3 through 5 (or, at the discretion of the SEA a 2-year-old child with a disability who will turn age 3 during the school year), an IFSP that contains the material described in section 636 of the Act, and that is developed in accordance with §§ 300.341-300.346 and §§300.349-300.350, may serve as the IEP of the child if using that plan as the IEP is—
(i) Consistent with State policy; and
(ii) Agreed to by the agency and the child’s parents.
(2) In implementing the requirements of paragraph (c)(1) of this section, the public agency shall—
(i) Provide to the child’s parents a detailed explanation of the differences between an IFSP and an IEP; and
(ii) If the parents choose an IFSP, obtain written informed consent from the parents.
(d) Effective date for new requirements. All IEPs developed, reviewed, or revised on or after July 1, 1998 must meet the requirements of §§300.340-300.350.
(Authority: 20 U.S.C. 1414(d)(2)(A) and (B), Pub. L.
Re: problems on the bus for ADHD child
In my state, very impaired kids can be given an aide to ride with them on the bus. How impaired they have to be I couldn’t say but I do see children - from time to time- riding their school bus with an adult in attendance upon them.
Re: problems on the bus for ADHD child
I suggested to the principle, to have my 12 year old son sit with her on the bus to keep her out of trouble, but she said no.
Re: problems on the bus for ADHD child
Thank you for your information, I took shyan to see a psychiatrist I selected for an evaluation, I’m to take her back monday to finish the evaluation. Her IEP meeting is scheduled for Tuesday and I hope all goes well, but to be honest I am nervous. I think that they are going to tell me that she does not qualify for services. Maybe the psychiatrist’s evaluation will help. Thanks
Re: problems on the bus for ADHD child
If they tell you she does not qualify for an IEP,request a 504 plan. If she has a medical diagnosis of ADHD and in need of accomodations to improve educational progress,then they must accomodate her needs. This could be done through a 504 plan,which is a whole other set of rules:-) But can still help her with behavior problems in class and on the bus.
I have a webpage with all the laws and links to helpful articles form letters etc.
http://expage.com/socksandfriends check it out and especially look at the links on 504 laws,and IDEA laws.
Good luck keep us posted.
Re: problems on the bus for ADHD child
I forgot to mention that she already has an IEP, but it is for speech therpy. Isn’t speech therpy a related service under IDEA? and
By already having an IEP, does that automatically qualify her for other related services, such as transportation. I appreciate your advice and words of knowledge, thanks.
I think Socks would know better than I, but I believe there is a part of the iep planning form that addresses adaptive transportation. Maybe look into that? Also look into the behavioral functioning assessment(I think that is its name), it could possibly help keep your child on the bus, if they and you come up with a behavior plan. In the short term, is there an older kid you could enlist(hire, bribe?) to sit with yours and try to keep your child from getting in trouble? It could help, especially if it is a kid your child admires. Kind of like a bus buddy instead of a study buddy. Best wishes.