Related Services: Services for Parents

Although not often included within an IEP document there are related services provided for under the law that are specific to Parents. The 2006 IDEA Part B regulations made it clear that while the 2004 statute did not include these services, the Department of Education believed that retaining the parent services were necessary in order to provide parents with counseling and training necessary to support the implementation of their child's IEP. See Analysis of Comments and Changes to 2006 IDEA Part B Regulations, 71 Fed. Reg. 46573 (2006).

There are five types of related services that an IEP team may find are appropriate for parents:
1) Counseling and guidance of parents regarding hearing loss and the related service of audiology. 34 CFR 300.34(c)(1).
2) Parent counseling and training. 34 CFR 300.34 (c)(8) This includes assisting parents in understanding the special needs of their child, providing parents with information about child development, and helping parents to acquire the necessary skills that will allow them to support the implementation of their child's IEP.
3) Planning and managing a program of psychological counseling for children and parents. 34 CFR 300.34 (c)(10).
4) Group and individual counseling with the child and family. 34 CFR 300.34 (c)(14).
5) Counseling of parents regarding speech and language impairments and the related service of speech pathology. 34 CFR 300.34(c)(15).

A parent may be eligible to receive sign language training in order to have the necessary skills to implement the child's IEP. See 34 CFR 300.34(c)(8). Although not automatically provided to parents of a student who is deaf or who has speech deficits, it is required when an IEP team decides that such training is needed for the student to benefit from special education. See Letter to Dagley, 17 IDELR 1107 (OSEP 1991); see also Letter to Anonymous, 19 IDELR 586 (OSEP 1992).

Hearing officers have also found that a LEA has to reimburse parents for private evaluations of students finding that the assessment was required to help parents acquire the necessary skills that will allow them to support the implementation of the child's IEP. See Hawaii Dep't of Educ., 102 LRP 3706 (SEA HI 2000) (finding that the state education department had to reimburse parents for testing and evaluations of their child performed by a private evaluator).

Parent training can also be provided in the home setting. In re: Student with a Disability, a hearing officer determined that an IEP for an 8-year old with Autism was not sufficient because it did not include parent training. In that case the IHO cited New York state regulation that mandated parent counseling and education for the purpose of enabling parents to perform appropriate follow-up intervention activities at home for children who were classified as autistic. The IHO concluded that the evidence overwhelmingly pointed to the need for training to enable the parent to perform follow-up ABA therapy in their home. Furthermore, the IHO disagreed with the district's position that simply informing the parent that she could come to school and observe ABA instruction was sufficient to satisfy its IDEA requirements. See In re: Student with a Disability, 102 LRP 8600 (SEA NY 2000).

Under some circumstances, transportation services are also available to parents when a student is placed at a residential placement. The IDEA does not set a minimum on the number of parents visits that a LEA is expected to fund to the residential facility. If a state or district policy on the number of trips does exist, however, it must allow for a case-by-case determination of how much visitation is necessary given the student's unique needs. A district may be required to fund a number of visits to a placement in order for parents to participate in other related services. In New Prairie United School Corporation, the court found that the district was obligated to fund either 12 parental visits to the school annual or 12 visits home, where parental visitation allowed for parents to participate in a family therapy program and training. See New Prairie United Sch. Corp., 30 IDELR 346 (SEA IN 1999). In Aaron M. by Glen M. and Lindy M. v. Yomtoob, the court found that parents were entitled to six trips per year to son's out-of=state residential placement in order to learn skills and strategies to work with their son. See Aaron M. by Glen M. and Lindy M. v. Yomtoob 38 IDELR 122 (N.D. Ill. 2003).

Related Service: Transportation

Under the law transportation is a related service akin to services such as speech and language, OT, PT, and counseling. See 20 U.S.C. 1401(a)(22). A school district is required to offer transportation services if it is required to assist the child with a disability to benefit from special education. See 34 CFR 300.24(15)(a).

Transportation includes: (1) travel to and from and between schools; (2) travel in and around school buildings; and (3) specialized equipment, such as special or adapted buses, lifts, and ramps, if required to provide special transportation for a child with a disability. See 34 CFR 300.24(b)(15).

Is my student entitled to transportation?

If a school district provides transportation to general education students then it must provide transportation to special education students to any program to which it assigns a special education student. That is a district can not discriminate against students with disabilities by not providing them with transportation services. However, if a school district, does not provide transportation to the general education students then it must decide on an individualized basis whether or not a student requires transportation as a related service in order to receive a FAPE. A school district must ensure that they consider the IDEA's LRE mandate in making transportation decisions.

Should my student's IEP include transportation?

If the student qualifies for transportation as a related service then the IEP should clearly explain the transportation. If a student is capable of using the same transportation services as a student without a disability the IDEA does not require transportation to be listed as a related service in the IEP. See Letter to Hamilton, 25 IDELR 520 (OSEP 1996).

The IEP team should also take into consideration other factors when offering transportation in order to assure that the IEP offers a FAPE. For instance the team should consider if the student requires specialized equipment such as a special or adapted vehicle, a lift, a ramp, seat restraints, security devices, such as a harness or vest, a car seat, air-conditioning and/or tinted windows.

The IEP team should also consider whether it is appropriate for personnel to assist the student. If the student requires personalized services within the classroom, then it would be appropriate for the IEP team to consider whether the student required personal assistance while being transported.

A school district should also consider whether a change in policy is necessary to accommodate a student with a disability, such as allowing a student with diabetes to have a snack on a bus.

Where will my child be transported to and from?

It depends on what is appropriate for the student. A student may be picked up from a bus stop if it is appropriate but if their disability prevents them from being at the bus stop then home to school transportation may be appropriate. For example, if the student does not understand potential safety hazards then it may not be appropriate for the student to be picked up at a bus stop.

A school district will also be obligated to transport a student for an extracurricular or nonacademic activity if it is related to the student's IEP goals and objectives.

How much time should a student be on a bus?

Neither the IDEA or Section 504 specifically address the appropriate length of bus rides for students with disabilities. In general, a school district must consider the length of a bus ride, proximity of student's home to placement and overall impact on the student. Some states regulate the length of a bus ride by establishing a maximum amount of time a student may be on a bus. Excessive travel time can result in a denial of FAPE as excessive daily commuting to a placement may suggest the need for a residential placement. What constitutes an excessive amount of time, once again, depends on the student, his or her disability, overall health condition and norms for the region. A general rule, however, is that the student's daily commute should not greatly exceed one hour each way. See e.g., Bonadonna v. Cooperman, 557 IDELR 178 (D.N.J. 1985); Covington Community Sch. Corp, 18 IDELR 180 (SEA IN 1991); Kanawho County (WV) Pub. Sch., 16 IDELR 450 (OCR 1987).

Furthermore, a school district should not shorten the school day to accommodate bus schedules for a special education student. See Palm Beach County (FL) Sch. Dist., 31 IDELR 37 (OCR 1998); Jim Thorpe (PA) area Sch. Dist., 20 IDELR 78; Lincoln County (NC) Sch. Dist., 17 IDELR 1052 (OCR 1991). Students with disabilities must be given a comparable length of school day and week as non-disabled students, unless there is a compelling specific reason.

There may be other factors to take into consideration when determining the specifics of transportation as a related service for your student - if you need more help contact a special education attorney in your area.

A New Series: Related Services

Coming next week . . . we will be starting a series on related services. Each post will explore a different related service and issues specifically related to that service.

First up will be transportation so check back next week to learn more. If anyone has a related service they would like to know more about please leave a comment and we will do our best to find out more about it or share what we already know.