A U.S. District Court has upheld the ruling of a New Jersey Administrative Law Judge (ALJ) that transportation to and from the corner bus stop, rather than to and from the child’s front door, did not result in denial of a free appropriate public education and did not deprive the child of educational benefits.
The case involves a preschooler with disabilities in Elizabeth, New Jersey, whose IEP called for “door-to door transportation.” Despite this provision, at the start of each school year, the parents were notified by the district that the student’s bus stop location would be on the corner of their dead-end street and not their home. For three years, the parents did not dispute this discrepancy.
In 2019, however, the child’s parents filed a complaint with the Office of Special Education (OSEP). OSEP found that the district was non-compliant with the IEP. The parents and district staff met, but resolution was unsuccessful, at which point the parents filed for due process.
The judge in the matter concluded that the district had not denied the student a FAPE. The judge ruled that the district had properly notified parents of the designated bus stop and had provided the student with transportation to and from school, ensuring that the student had access to an education. The ALJ also found no evidence that an at-home stop was required to access an appropriate education. The parents appealed the ALJ’s decision to the District Court.
The District Court considered the question of whether the school district failed to properly implement the IEP and if so, with what consequence. The Court concluded that the district had failed to implement the transportation provision of the IEP, but such failure was neither a substantial nor significant provision in the IEP.
To read the full decision, click here: S.W. v. Elizabeth Board of Education
