By William Croyle
Enquirer contributor

ERLANGER - Three families have filed an administrative complaint with the Kentucky Department of Education against the Erlanger-Elsmere School District.

They are asking that the district continue providing bus service for their disabled children each afternoon from school to Redwood School & Rehabilitation Center in Fort Mitchell.

A hearing officer has been appointed by the education department to hear the case Sept. 2.

The district has transported physically and mentally disabled children for about eight years from its six schools to Redwood, which offers an array of help for those with disabilities, including physical, speech and occupational therapy.

But parents were informed last spring that due to costs, the service would be discontinued this year.

The debate between the two sides is whether this is a courtesy provided by the district or a service required by law under the Individuals with Disabilities Education Act.

"They have always been told on an annual basis that this is a courtesy," said superintendent Mike Sander. "But it went from being a courtesy to being something the parents would expect."

John Brolley, one of the parents who filed the complaint, said it's more than a courtesy.

"I do understand the district may genuinely feel this was a courtesy all along," said Brolley. "But even if we all agree that it was, it's not - based on our research."

Shanda Spurlock of the Children's Law Center is the families' attorney. She said under the act, kids who receive special education services are also to receive related services.

The law specifically lists "transportation" in its definition of related services to be provided.

The law calls for: "Transportation, and such developmental, corrective, and other supportive services as may be required to assist a child with a disability to benefit from special education."

Spurlock said the transportation to Redwood is a related service. Lawson Walker, the district's attorney, disagrees.

"The services that are required for a child are provided by the district, at the district," said Walker. "It was the parents' own choice to enroll the children at Redwood. What we're providing stops after school."

Kathy Terry was the district's special education director for 16 years through last year. She said the bus service to Redwood began about eight years ago when the district had a contract to transport students after school to the Diocesan Catholic Children's Home next door.

"We felt it was a courtesy," Terry said. "It was never done under contract (with Redwood)."

The hearing officer issued an order Tuesday that the district is to provide the service when school starts Thursday and continue providing it until a judgment is made.

Allen King is also part of the complaint. The single father who works as a dental lab technician for his brother during the day said he has no help in caring for his son, Kyle.

He said if they lose the decision, it would have a big effect on him and Kyle.

"With all the time it would take me to get him and take him to Redwood and get back to work, my only option is that I'll have to go get him and bring him back to work with me," said King. "He wouldn't go to Redwood anymore."

E-mail williamcroyle@yahoo.com