My six year old son has Down Syndrome. We recently moved into a new school district. He has an IEP from our previous district. In his IEP there are a few transportation modifications in place; aide, smaller bus size and curb to curb pick up and delivery.
He is anxious when confined in a car seat. He does not tolerate loud noises well, especially while confined in a car seat. He grinds his teeth and pulls out his hair when stressed from being in a car seat for extended periods of time.
Last week we attended his CPSE to CSE transition/IEP update meeting with our new district chairperson and team. Their recommendation was that he attend a program in another district 50+ miles from our home. They estimate the bus ride would be around 70 minutes each direction. He would be on a bus for about 2 1/2 hours a day in clear weather. We live in the Adirondack Mountains, so a fair amount of our school year is unpredictable winter weather.
I expressed my concerns with the team that he would not survive being on a bus for that amount of time. And made my opinion clear that I felt that is not a fair education option for him.
His pediatrician wrote a letter sharing her concerns also. She recommended that his bus ride time be limited to 30 minutes or less. She also recommended that he have further testing done by his cardiologist to ensure that this daily agitation and stress not affect his current heart issues. The pediatrician was very frustrated and expressed that a school program over an hour away is not a viable option for him and therefore the district was not providing an education plan we could accept. We would possibly be putting his health at risk to receive an education.
I sent the CSE chairperson a formal request asking that the 30 minute bus ride limitation be added to his current IEP. The response was “unfortunately, that program is our only option at this time.”
Does he have a legal right to be provided an education that in within his physical health limitations? Does FAPE, IDEA or the IRE standards provide him with another option? Children without disabilities in our district are not required to go 50+ miles away to get a reasonable education.
Thank you for any advice or input.
