Reitz, Paul & Shorr Attorneys at Law School Bulletin

 

Public school district prevails in due process hearing over lack of door-to-door transportation. The parent of a child with a disability attending a public school district represented by Reitz, Paul & Shorr requested a due process hearing, claiming that the school district denied the child a free appropriate public education when the district’s school bus driver failed to drop the child off directly in front of the child’s house. Although the bus driver generally did pick up and drop off the child directly in front of the child’s home, on occasion road repair work prevented this. At the hearing the parent testified that the child never missed school because of the actions of the bus driver and that the parent never met the child at the bus stop or watched the child get off the bus, even when the parent anticipated that the bus would not be dropping the child off directly in front of the house. The parent also testified that the child never got lost between home and the bus stop, and that the child was permitted to play in the neighborhood unsupervised. The hearing officer, noting that the child’s individualized education program did not specify that door-to-door transportation was required, ruled in favor of the school district.