My son was attacked by another child on the special needs van.

[Lisa Lightner]

Posting for a reader:

 

I have a question regarding the transportation for my son that his local public school provides.  Last year at the end of the school year my son was attacked by another student on the same van. The student also pulled another child’s hair and also grabbed the van driver’s arm while driving. 

The other child goes to the same private school as my son but is a student in another school district, but the same county as we live in. The school is not in our county it is about 48 miles each way. The public schools have a contract with a local company to provide bus and van services. So they do not have the transportation hired directly.

I was told that last year that by this coming school year they would put our son on a different van so that he would not need to be scared every time he got onto the van going to or from school. I am now being told that as of today they still have not resolved it van situation for this coming school year.  I am not going to put my son in danger going to or from school anymore.

I need some advice as to what my rights are.  Should I contact a lawyer to get this problem resolved or what can I do. 

[Lisa Lightner]

First, I'm so sorry this happened to your son. No child should be afraid to get on the van just to get to school.

And yes, I can tell you that the same thing happened to my son years ago. So yes, it absolutely can be done.

In our particular case, it escalated quickly. The other boy decided that he just did not like my child (both have profound autism) and then it culminated in the other boy actually breaking Kevin's seizure helmet. I was seeing red, believe me. 

A few thoughts:

The school district cannot simply shrug and say, "Well, the transportation company hasn't figured it out yet." The district is ultimately responsible for ensuring your child receives transportation safely if transportation is part of his educational program. Contracting with a private transportation company doesn't transfer that responsibility.

If they promised you last year that your son would be on a different van, I would immediately put everything in writing (if you haven't already). I'd send an email to the special education director, transportation director, and your son's case manager.

Include inyour email:

• The assault that occurred last year.
• The other dangerous behaviors you witnessed or were told about.
• The district's assurance that your son would be assigned to a different van this school year.
• That, as of today, they have not implemented that solution.
• That you are requesting written confirmation of the transportation plan before school begins.

I would also state plainly that your son cannot safely ride with the student who assaulted him and that you are requesting transportation that allows him to access his education safely. Mention the possibilities of what could happen if this is not fixed (serious injury, school refusal). 

Keep everything in email/writing. (You know that's one of my favorite pieces of advice.)

Would I hire an attorney today? Probably not as my very first step. I'd first create a solid paper trail showing that you've notified the district of the safety concern and given them an opportunity to fix it. If they refuse, ignore you, or insist he ride anyway despite the documented safety concerns, then it may be time to consult a special education attorney or advocate in your state.

One other question: Is transportation listed as a related service on your son's IEP? If so, that strengthens your position because the district has an obligation to provide that service in a manner that is safe and appropriate.

Don't let anyone minimize this by calling it "a transportation issue." Your son cannot benefit from his education if he's terrified to get on the van every day.

I'd start with the paper trail. If they still refuse to act, then we can talk about the next escalation steps.