Legal Focus

Sometimes, disciplinary action must to be taken to address inappropriate student behavior on the school bus. But when the student at issue has special needs or is subject to an IEP or 504 plan, schools are sometimes reluctant to support appropriate and necessary measures, even when those measures may be essential for the safety of the student and others on the bus. Continue reading to learn more about addressing the challenges of special needs student discipline.Click Here to Read More

How school bus contractors respond when a student acts out on the school bus is a balancing act of knowledge, training, and consistency. School bus contractors are obligated to keep all students safe, and are mandated by state and federal laws to provide a safe environment on the school bus. Parents and school administrators have different concerns and legal obligations than do school bus contractors. Often, this makes it difficult for all three parties to see eye-to-eye, which increases the ne...

How should school bus operators respond when a special needs student acts aggressively on the school bus? Of course, school bus operators want to be sensitive to the special needs of the student who may be exhibiting violent behavior. But, school bus operators must keep all students safe and, as employers, are obligated under OSHA to provide a safe work environment for their workers (29 U.S.C. 29 U.S.C. § 654.)

The Federal District Court in Pennsylvania recently confirmed that drivers, aides, and schools are held to a heightened duty or standard of care when transporting special needs students because such students are more vulnerable to harm. The recent case of K.M. v Chichester School District, 2015 U.S. Dist. LEXIS 16416, explained that a bus driver’s and aide’s error in leaving an autistic child on the bus at the end of a run and the related lack of appropriate training and policies amounted to “...