District Not Required to Provide Transportation or 1:1 Aide After Parent Chose Transfer School

A 17-year-old student with Morquio Syndrome attended a high school outside her attendance area through an intra-district transfer. Her parent requested that the district provide curb-to-curb transportation and a one-to-one aide as part of her IEP. The ALJ ruled in favor of the district on both issues, finding that the parent had agreed to provide transportation as a condition of the transfer, and that the student's existing accommodations were sufficient without a dedicated aide.

What Happened

Student is a 17-year-old with Morquio Syndrome, a condition that affects her physical mobility and stamina. She is eligible for special education as a student with an orthopedic impairment and was on track to graduate from Great Oak High School within the Temecula Valley Unified School District. Her IEP placed her in general education classes full-time, supported by accommodations such as note-taking assistance, extended test time, a motorized scooter for getting around campus, voice recognition software, and specialized academic instruction to help her transition between classes.

The year before her senior year, Student's family moved to a different part of the district, which would have placed her in a different high school (TVHS) for her final year. Her parent requested an intra-district transfer so Student could finish at Great Oak, where she had established relationships and routines. As a condition of that transfer — consistent with district policy for all students, disabled or not — the parent signed a form agreeing to provide Student's transportation to and from school. When the IEP team met in September 2011, the parent asked the district to provide curb-to-curb transportation and a one-to-one aide. The district denied both requests, and the parent filed for due process.

What the ALJ Found

On transportation: The ALJ found that the district was not required to provide curb-to-curb transportation because the parent had knowingly agreed to provide transportation as a condition of the intra-district transfer. The district's transfer policy applied equally to all students — disabled or not — and was not discriminatory. The ALJ relied on the Eighth Circuit's decision in Timothy H. v. Cedar Rapids Community School District, which held that a district does not deny FAPE by enforcing a facially neutral transportation policy when a parent has voluntarily chosen a non-home school. Critically, the parent presented no evidence showing that Student's disability required her to remain at Great Oak specifically — there was no expert testimony, psychological evaluation, or other documentation showing she could not successfully transition to her home school, TVHS, where the district was prepared to provide transportation.

On the one-to-one aide: The ALJ found that the parent did not present sufficient evidence that Student required a one-to-one aide to benefit from her education. Student's existing IEP included accommodations for lifting, note-taking, restroom access assistance, and support from teachers and peers. The ALJ acknowledged that both Student and her parent sincerely believed an aide would help, and that Student had recently failed two classes and reported physical pain. However, no physician, expert, or independent evaluator testified to support the claim. The district's staff testified that Student had passed all her classes in her junior year with minimal aide support, and that her recent failing grades were linked to incomplete assignments and a course that may have been academically misplaced — not to the absence of an aide.

What Was Ordered

Student's request for curb-to-curb transportation was denied.
Student's request for a one-to-one aide was denied.
The district prevailed on all issues.

Why This Matters for Parents

When you agree to provide transportation as part of a school transfer, you may give up your right to demand district transportation. Intra-district transfer agreements are binding. If your child's disability requires a specific school placement, that justification must come from the IEP team — not just parental preference — before you sign away transportation rights.
Expert evidence is essential when requesting additional services like a one-to-one aide. Sincere testimony from a parent and student, while credible, is generally not enough to overcome a district's position. A physician's note, independent evaluation, or expert witness can make the difference — and you should bring copies of any supporting documents to the hearing.
If your child's disability genuinely requires a particular school, document it before the placement decision is made. The ALJ noted there was no psychological or medical evidence showing Student could not transition to a new school. If you believe your child has unique needs tied to familiarity or environment, get that in writing from a professional.
The district only has to provide an education that confers "some educational benefit" — not the best possible program. This is a high bar for parents to overcome. If your child is passing classes and accessing the curriculum, courts and ALJs will generally find the existing IEP adequate, even if additional services might help further.

What Happened

What the ALJ Found

What Was Ordered

Student's request for curb-to-curb transportation was denied.
Student's request for a one-to-one aide was denied.
The district prevailed on all issues.

Why This Matters for Parents

When you agree to provide transportation as part of a school transfer, you may give up your right to demand district transportation. Intra-district transfer agreements are binding. If your child's disability requires a specific school placement, that justification must come from the IEP team — not just parental preference — before you sign away transportation rights.
Expert evidence is essential when requesting additional services like a one-to-one aide. Sincere testimony from a parent and student, while credible, is generally not enough to overcome a district's position. A physician's note, independent evaluation, or expert witness can make the difference — and you should bring copies of any supporting documents to the hearing.
If your child's disability genuinely requires a particular school, document it before the placement decision is made. The ALJ noted there was no psychological or medical evidence showing Student could not transition to a new school. If you believe your child has unique needs tied to familiarity or environment, get that in writing from a professional.
The district only has to provide an education that confers "some educational benefit" — not the best possible program. This is a high bar for parents to overcome. If your child is passing classes and accessing the curriculum, courts and ALJs will generally find the existing IEP adequate, even if additional services might help further.