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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 17472
Experience:  B.A.; M.B.A.; J.D.
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My child is severely disabled, wheelchair bound, with an

Customer Question

My child is severely disabled, wheelchair bound, with an IEP. Her home school district wants me to transport her to the "special needs school" and they refund me my mileage. I work a full time job and cannot quit my job to do this. They are telling me then I will have to get her nurse that goes with her to school to drive her to school. Her nurse does not feel comfortable driving her. Can they force us to do this? Or under the individuals with disabilities education act, do they have to provide her transportation to the appropriate school?
Submitted: 1 year ago.
Category: Family Law
Expert:  Phillips Esq. replied 1 year ago.
Hello: This is PhillipsEsq. I am a licensed Attorney and I will be assisting you today.
My child is severely disabled, wheelchair bound, with an IEP. Her home school district wants me to transport her to the "special needs school" and they refund me my mileage. I work a full time job and cannot quit my job to do this. They are telling me then I will have to get her nurse that goes with her to school to drive her to school. Her nurse does not feel comfortable driving her. Can they force us to do this?
Response 1: No, they cannot. The IEP team supposed to work with the school district to come up with suitable transportation for your child. Under IDEA (Individuals with Disabilities Education Act), transportation is necessary element for his special needs education.
Or under the individuals with disabilities education act, do they have to provide her transportation to the appropriate school?
Response 2: Yes, after his IEP team has made determination that transportation to and from the school is necessary, which in this case it is. For U.S. Department of Education discussion on the transportation provision of IDEA, click on the link below:
http://idea.ed.gov/explore/view/p/%2Croot%2Cdynamic%2CQaCorner%2C12%2C