Oregon homeowner's association refuses to let bus come into neighborhood to pick up a girl with

[Lee-Lee]

61. There is no legal authority for the school system to force it

Let’s say that a person had a kid that needed the same accommodation and they lived up a long, twisty driveway that a bus cannot navigate.

Let’s say behind the child’s home is a private driveway that the school bus can navigate, but the owners do not want the school bus on their driveway.

The school system cannot force them to allow access to the driveway. It’s private property and a private road.

Since this development is private roads, the same things apply. They can set rules.

There is a better chance of them succeeding in ADA grounds maybe, or on other grounds, than anything IDEA related. But the school system can’t force use of a third parties private property.

I suspect if it went to court the courts would say that the school system could send a smaller vehicle to them, as the issue is the size of the bus, so there was a way for the school to comply. Since there is a way for the school to comply by using a smaller vehicle then it’s on the school systemz