Special Education Questions

Section Eleven - Miscellaneous Questions

Is my child entitled to transportation to and from school?

According to state law, every special education student must be provided with suitable transportation to and from school, as well as to and from outside related services included on the IEP. What kind of transportation a child is provided with depends on his or her needs as reflected on his or her IEP. Children with serious medical needs, for example, may be provided with ambulance or nursing services, while children with less severe needs may be provided with a smaller van or regular bus service.

How can I access my child's special education records?

The CSE should have a file with all of your child's special education records. Parents whose children are under 18 are entitled to see and/or obtain a copy of their children’s records upon request in writing. The records must then be produced within a reasonable time, but in no more than 45 calendar days.

In addition, when new IEPs or evaluations are prepared for your child, you should automatically be given a free copy of them. If you do not receive a copy, call or write to your child’s school and ask for a copy.

What can I do to object to information in my child’s special education records?

If you object to any of the information in your child's records-- if you think it is inappropriate or inaccurate-- there are several steps to take to have that information removed. The first step is to hold a conference with the Chairperson of the CSE or his/her designee to discuss why the information should be changed or removed. If that is unsuccessful, you have three steps of appeal: first a written appeal to the same Chairperson of the CSE; next to the Clinical Administrator of the Regional Office; finally a written appeal to the Executive Director, Division of Special Education. All appeals should be written within fifteen school days after you receive the previous decision. You can also request a formal hearing before an impartial hearing officer. You also have a right, at any time, to enter your own explanatory statements into your child's records, and have it attached to the part of the record you disagree with. There is a similar process for contesting your child's non-special education records.

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