Where Do Your Legal Duties Stand Education Compliance Group Inc PO Box 221 Lafayette CO 80026 303 6046141 wwweducationcompliancegroupcom On the way to and from the stop What is your duty ID: 644083
Download Presentation The PPT/PDF document "When the Bus Stands Still:" is the property of its rightful owner. Permission is granted to download and print the materials on this web site for personal, non-commercial use only, and to display it on your personal computer provided you do not modify the materials and that you retain all copyright notices contained in the materials. By downloading content from our website, you accept the terms of this agreement.
Slide1
When the Bus Stands Still: Where Do Your Legal Duties Stand?
Education Compliance Group, Inc.
P.O. Box 221
Lafayette, CO 80026
(303) 604-6141
www.educationcompliancegroup.comSlide2
On the way to and from the stop: What is your duty?
Custody and control
Remind parents of their role: “. . .There are situations that require your assistance and participation to ensure your students’ safety”
Duty to transport to a place of safetySafety factors include age, experience, ability of studentNo duty to ensure student remains in a safe place
Education Compliance Group, Inc. www.educationcompliancegroup.com 303.604.6141Slide3
Designating bus stops
Know “industry standards”
“One size fits all” systems may not work in the case of students with special needs
Example: OCR finds parents of students w/ disabilities forced to accept TN district’s hub system of pick-up; no consideration of individual student needsWithout evidence of disability-related need for special stop, district does not have to provide home pick-up for student w/ disability
Education Compliance Group, Inc. www.educationcompliancegroup.com 303.604.6141Slide4
Designating bus stops, contd.
Creation of dangerous condition?
If district creates a known, dangerous condition which might not be readily apparent, and has knowledge of the presence of people likely to be injured, district has duty to “fix” danger, or, at a minimum, to warn of danger
Education Compliance Group, Inc. www.educationcompliancegroup.com 303.604.6141Slide5
Students with special needs
Relationship of FAPE to ability to get to/ from the bus stop
IEP team considerations
Travel training?Attendant?Different route, vehicle?Different stop?What is effect on attendance?Effective communication w/ parentsParticipate in evaluation of concerns
Education Compliance Group, Inc. www.educationcompliancegroup.com 303.604.6141Slide6
Driver responsibility for rules
What if driver lets student off at unsafe place?
Implications for removal from bus as a disciplinary tool
What if injury occurs while the student is crossing to designated stop, but the driver – following the rules – refused when student requested driver turn around and drop him on opposite side of highway near his house?Routing that requires that students transfer buses are very dependent upon drivers following rules during transfer process.Education Compliance Group, Inc. www.educationcompliancegroup.com 303.604.6141Slide7
Unauthorized stops
Consider zero tolerance; there’s too much risk here to all concerned. May go far beyond students & parents just having sense of entitlement.
There’s a risk in authorizing unauthorized stops.
Courts are substantially uniform in upholding districts’ termination of driver on this basis.Education Compliance Group, Inc. www.educationcompliancegroup.com 303.604.6141Slide8
Supervision before and after the student is on the bus
What factors would warrant closer supervision?
What commitments have you made?
What facts do you know?How far should the driver go to protect a student from possible harm?Was the child’s behavior foreseeable?Were precautions beyond the norm warranted, and reasonable to provide?
Education Compliance Group, Inc. www.educationcompliancegroup.com 303.604.6141Slide9
PO Box 221Lafayette, CO 80026303.604.6141www.educationcompliancegroup.com
Education Compliance Group, Inc.