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The New York Education Law § 4402 (4)(d) states: “Notwithstanding any other provision of law, such board [of education] shall provide suitable transportation up to a distance of fifty miles to and from a nonpublic school which a child with a handicapping condition attends if such child has been so identified by the local committee on special education and such child attends such school for the purpose of receiving services or programs similar to special educational programs recommended for such child by the local committee on special education.”
There are only two pre-conditions: That the child has a handicapping condition identified by the local CSE (a child with an IEP) and that the child is attending the private school for the purpose of receiving services or programs similar to special educational programs recommended for the child by the local committee on special education. Your son should be entitled to transportation by your home school district. The fact that your son was placed at this school by you and not by the district is totally irrelevant
My son has an IEP but I have decided to put him in a private school which specializes in teaching children with learning disabilities. I thought that his home school district was responsible for his transportation to school and then back home. We live 40 miles from the private school The school district said it will not provide my son with transportation.
What are my options?
Law Offices of Michael D. Kaufman, PLLC