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Special Education Law
DECISIONParent PrevailedRIDE Case No. 0010-97

Mr. and Mrs. Robert P. v. Woonsocket School Committee

0010-97

STATE OF RHODE ISLAND

AND

PROVIDENCE PLANTATIONS

COMMISSIONER OF EDUCATION

MR. AND MRS. ROBERT P.

V.

WOONSOCKET SCHOOL COMMITTEE

DECISION

Held: Student is entitled to school bus transportation.

DATE: February 24, 1997

This is a school bus transportation case. The standard of review is well established. If the distance walked, the hazards along the road way, and the age of the child make it impracticable for the student to walk to school, the school committee must provide transportation. Brown v. Elston, 445 A.2d 279 (R.I. 1982).

The child in this case is 7 years old, the distance walked is .6 miles, and the hazards along the road way include hilly terrain, no side walks, numerous intersections, and high speed traffic during the morning hours. The hearing officer has taken a view of the route walked from the student’s home to the Savoi Elementary School on Mendon Road. The area is a highly built up residential area with numerous drive ways. The road itself is very narrow.

Under these circumstances we find that it is impractical for this student to walk to school.

Conclusion

This student is entitled to bus transportation.

Forrest L. Avila

Hearing Officer

Approved:

Peter McWalters

Commissioner

DATE: February 24, 1997