Op I am impressed that you’re so calm. I would be absolutely ripping mad. Glad you’re going to deal with this and not let them get away with it. I’m so sorry.

PP are correct that they can’t require you to provide separate transportation at your own effort/expense or else she’s barred from the field trip. That said, before you go in guns blazing, I think it would be helpful to understand their concerns. After all, your daughter takes a special needs bus due to anxiety rather than the regular school bus, why is that? What is the back-up if she does have issues on the bus despite you being there? Again, this doesn’t mean they’re in the right, but figuring out what scenarios they’re concerned about might save you a few rounds with them before you get it resolved appropriately.

Anonymous wrote:Op here- haha to the above poster. My older DD actually loved the trip a couple of years ago. Loved having the social time and getting to watch movies. It's a big deal for the 4th graders.

Seriously. Any kid will tell you that riding on the bus is one of the best parts of field trip.

Anonymous wrote:In reading some of these references there seems to be a distinction between the transportation part and her participating in the field trip. It sounds like OP is saying the school is letting her be part of the trip as it is legally required but is saying that for safety reasons it cannot take the child on the bus.

I think they have more legal standing to say that as long as they provide alternate transportation.

But they are not providing transportation AND there is no evidence of "safety reasons". Op has stated that her daughter rides a bus daily to get to school with no issues and her anxiety symptoms rarely present when a parent is there, and OP is chaperoning.

OP, they are wrong! You have every right to complain. My guess is that the incorrect people made this decision without being fully informed of your rights.

My 2 cents is to include the central office/due process specialist since the principal was copied on the email already. The principal should have jumped on this immediately. Since she didn't and because of the timing, you need to escalate this asap. Please keep us posted on this, OP!

But they are not providing transportation.

In reading some of these references there seems to be a distinction between the transportation part and her participating in the field trip. It sounds like OP is saying the school is letting her be part of the trip as it is legally required but is saying that for safety reasons it cannot take the child on the bus.

I think they have more legal standing to say that as long as they provide alternate transportation.

Totally illegal. And $h***y besides.
Take immediate action, including a lawyer if you have to.
Call Disability Rights Maryland

Don’t let them get away with this.

Another reference for OP

https://www.bridges4kids.org/AA/aaq7.html

Ask the Advocate with Tricia Luker


Question: May a district require parents of students with disabilities to accompany them on field trips when non-disabled students are permitted to attend unaccompanied?



Answer: NO. A district may invite a parent to accompany a student with a disability on a field trip. But it cannot make the parent's presence mandatory when a similar obligation is not imposed upon the parents of non-disabled students. A district which requires only students with disabilities to be accompanied by a parent on a field trip discriminates on the basis of disability in violation of 34 C.F.R. 104.4(b)(iv). See San Saba (TX) Indep. Sch. Distr., 25 IDELR 755 (OCR 1996) (district could not condition the participation of a student with spastic dysplegia/palsied left hand in a rock climbing expedition on her father's accompanying her.)

As a related concern, requiring a parent to accompany a student with a disability can be a denial of FAPE. This was the opinion expressed by OCR in Ventura (CA) Unified School District, 17 EHLR 854 (OCR 1991). In that Letter of Finding a parent complained that while the student was disabled from a broken leg, the student's teacher made his participation on class field trips conditional upon the parent accompanying him. While OCR's investigation failed to produce evidence to support the parent's allegations, OCR stated that if such a requirement had been imposed, it would "likely have violate[d] the Section 504 regulations. If disabled students need related aids or services to participate in the school's program, such services must be provided by the school, not the parent."

A case like this came up in Wisconsin

https://dpi.wi.gov/sped/idea-complaint-decision-12-051

There is something on Wrightslaw that might help
http://www.wrightslaw.com/howey/field.trip.transport.htm

If they think there's an issue with her being on the bus they need to provide alternate transportation. They cannot just force you to drive her. There's a sample letter you can send.

Are they offering to pay you to drive her? They need to offer her special bus transportation system if they think that is the only way for her to be successful on bus ride. Some districts realize it is cheaper to pay a parent mileage to transport their child for a field trip than paying for bus and field trip, but the parent has to agree. Is she in a self contained ED class? Is an aide from her class going?

Op here- haha to the above poster. My older DD actually loved the trip a couple of years ago. Loved having the social time and getting to watch movies. It's a big deal for the 4th graders.

Anonymous wrote:I would not want my kid on a bus for 5 hours in one day for a field trip regardless of whether they were special needs or not. This is ridiculous.

Are you kidding? Kids go to Philadelphia from this area ALL THE TIME. And they all have a great time and live to tell. Dial it back.

OP—the school is violating your child’s rights. Fight this.

I would not want my kid on a bus for 5 hours in one day for a field trip regardless of whether they were special needs or not. This is ridiculous.