News & Insights

With the school year now settling into normal routines, inevitably some contractors and bus drivers will face behavioral challenges with students. Sometimes, disciplinary action needs to be taken to stop inappropriate behavior. For contractors who transport students with an Individual Education Plan (“IEP”), there can be additional considerations before certain types of discipline can occur.  

It is important to note that under federal law, contractors are entitled to access to IEP information of those students contractors transport. So, contractors should maintain an open line of communication with the school district on IEPs to ensure receipt of the most up to date and accurate information. This information should be reviewed with bus drivers on a need-to-know basis to ensure the driver is aware of any documented issues and special transportation needs. 

There may come a time when the inappropriate behavior of a student subject to an IEP violates student conduct policies and arises to the level where certain discipline, such as temporary or permanent removal from the bus, would appear to be a solution. But, contractors should be aware that the district will be mindful of the strict disciplinary procedures and requirements that the district is subject to under IDEA and related state laws. With consistent routes underway, it is wise to review internal and district student conduct policies and procedures, and communicate same with drivers. Contractors should ensure that behavioral incidents are being documented by drivers, and should be prepared to utilize such documentation when communicating with the district to help the district visualize the pattern and/or severity of the behavior that is in violation of a specific conduct policy. It is not uncommon for a school district to disagree with a particular form of discipline for a disabled student. However, a contractor’s documentation is critical in supporting decisions and/or formulating alternative solutions that would not trigger a change in placement under IDEA.  

For more information on Student Discipline and IEPs read our Legal Focus article here, or contact us at 215-896-3846 or help@rckelly.com.