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Below is an email I sent to the Superintendant. I didn't include that the student I mentioned tries to open his parents car door and now someone sits beside him when he is in the car. My daughter has a child safety lock in the backseat so that Tristan can't open the door. I am very upset that the Superintendant responded with citations showing that the law allows students to be transported in cars and vans and be exempt from the bus laws. I am sure there are no typical students being transported to and from during a school day in this manner. I am very concerned about the safety and other issues such as the close proximity of the students on the van. I can't post his reponse because of confidentiality, but below is my first email to him. I would like advice in this matter from those in our Texas Autism group. I have replied to his correspondence with questions of the law requiring liability in case of an accident that might cause injury or loss of life, but haven't received a reply yet.

December 9, 2008

Dear _________,

This is regarding a serious concern I have about the transport of Special Needs children to and from __________ schools. In the past two years I have spoken to _____ numerous times about this situation. I pointed out to him in detail the problems with the kids riding on a van. If in a traffic accident the possibility of injury is high. The many stops they make, backing out of properties with no warning lights increases the risk for an accident. I myself have seen very close calls when they were leaving my property. It should be evident that protection of children during transport to and from schools is mandatory because of the laws passed regarding this issue. Cars are mandated to stop when a bus displays their stop signs and lights, and failing to do so will generate high fines for those who do not comply.

Special Needs children have separate transportation for reasons not related to discrimination, I hope. I assume it is because they need assistance, direction and more supervision than typical school kids. Children with autism have special needs when on a transport. They need supervision and direction, and also more personal space than an average child, which is not possible on the van. The monitor on the bus needs to be able to act quickly to intervene or come to their aid if need be. In the case of the van, the monitor has no way to do this or even see the children to recognize a need in time.

Please note: One child on the van was moved to a different seat because he was trying to open the door while the vehicle was moving. Twice now he has jumped for the door when ______ is getting on the van, and it is obvious he is trying to escape. The potential for either child with autism to open a door while the vehicle is moving is high.

I ask that they be provided a bus immediately as this problem has been known to the school for years now.

Sincerely,

Carlson

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