In Re B.B. ODR No. 18909-16-17-KE
ELC recently won a case that clarifies for the first time the responsibility of the PA Department of Education to provide transportation to children who are eligible for early intervention services in Philadelphia. ELC attorneys Sean McGrath and Maura McInerney brought the case on behalf of a three-year-old boy with autism who endured a series of inappropriate and unsafe transportation arrangements that regularly made him late to his special education program. Prior to this decision, it was unclear whether the State, the School District of Philadelphia, or Elwyn, its contracted service provider, was responsible for ensuring safe, timely, and appropriate transportation for our youngest learners under state law. The decision makes clear that this duty falls squarely and directly on the Department. The ruling will not only improve this child’s transportation arrangements, but requires the Department to address its responsibility to ensure timely and safe transportation for other similarly situated young children with disabilities. There are over 1,000 young children in Philadelphia who require transportation to receive early intervention services.