watchfulness , attention , caution and prudence that a reasonable person in circumstances would …” ( Copyright © 1981-2005 by Gerald N . Hill and Kathleen T . Hill . All Rights reserved ). Student transportation is one of the most imperative and costly services provided by school districts . It is therefore surprising that more attention is not given to transportation safety practices . Liability is an underestimated reality . Considerable school transportation litigation may be averted if transportation safety would receive the attention and commitment required . Rapidly changing times and demands have not always permitted school districts to adequately address daily transportation challenges . The time is now to initiate a straightforward discussion with all relevant stakeholders about what is working and what must improve in order to enhance school transportation safety .
Our nation ’ s children deserve our commitment to their well-being and protection to provide a safe ride to and from school . It is our moral responsibility and duty of care .
On August 17 , attend NAPT ACTS ! “ Why is There Litigation in School Transportation ? Lessons From the Experts ” to learn more about this important topic .
Linda F . Bluth , Ed . D . (
linda . bluth @ napt . org ) is one of the nation ’ s foremost experts on special needs transportation . She currently serves as Special Needs Transportation Consultant for the National Association for Pupil Transportation
® ( NAPT ).
“ School transportation is inherently safe , thanks to the transportation professionals leading the industry and the regulations our industry has imposed on itself . When something goes wrong in school transportation , school transportation professionals are the first to fix it – and not only fix it but create rules and best practices to prevent the problem from occurring again . That said , the school bus is an extension of the classroom . And the classroom has become a somewhat litigious area . As an expert witness , the most common issues I run into deal with lack of consistency in training and missing or deteriorated communication . When a crisis like a pandemic occurs , it can cause some corners to be cut in other areas of education . Those cut corners can unfortunately spill into transportation , resulting in unintended consequences and reductions where safety is at stake . No one wants to intentionally hurt or neglect a passenger – it is usually an issue with training . When training someone who interacts with students , it is not enough to just say , ‘ Oh , they probably get it .' You must ensure that your training is practiced and consistent , and that no one is cutting corners on safety . As with everything else in our industry , it comes down to good communication . Maybe you have already told passengers and parents about waiting for the bus during snowstorms , for example , but do not be afraid to over-communicate ; repeat critical information every time it snows , and do not assume that people will always remember those best practices . Lack of information creates a domino effect when something goes wrong . Communication is everything and can prevent an expensive legal action .”
Alexandra H . Robinson , M . Ed ., CDPT President A . Robinson Consulting
“ In order to be aware of liability exposures , it is important to look at your system holistically . Are you training everyone properly ? Mitigating liability is all about training and documentation . If you are a supervisor , get out of the office and really look at what is happening on your routes . It is also critical to solicit input from drivers about their own safety concerns . Do not view what they are saying as complaints – you need to take those tips and concerns seriously . They are valid concerns , whether being voiced from the transportation or special education departments , and we need to work together . Always be proactive . When things start to go sideways , it is important for everyone in the office to be aware of the problem . The more people voicing their concerns and opinions means we are much less likely to run into liability issues . If someone is new or not familiar with district policies , it can be very helpful for other team members to share and explain the information . Fostering good communication and taking ownership when something goes wrong is important . These simple steps can stop problems from snowballing . You must mediate damage before little issues turn into big issues . When people let their guards down , that is when real crises occur .”
Peter Lawrence , Ed . D . Director of Transportation Fairport Central School District – Fairport , New York
“ I believe that much of the school bus-related litigation arises from drivers interacting with children without adequate preparation and training . For example , in New York , we passed the Dignity for All Students Act which required bus drivers ( like other school personnel ) to be prepared on issues related to gender equity or discrimination and harassment . Unlike their colleagues in the classroom , drivers usually do not have advanced education degrees that expose them to these issues . As a consequence , when they see changes in behavior among our students , they often do not know how to properly interact or prevent bullying on their buses . The way to fix that and to prevent similar issues is for transportation professionals to be active partners in their district ’ s system and then advocate for their drivers and safety teams . Those individuals should be in the same room with teachers when classes on bullying , students with disabilities or other relevant topics are administered . The message must be universal , and our drivers need to be kept in the loop . Questions to ask ourselves when we think of litigation and liability : What sort of training do we provide drivers on the various categories covered under the Individuals with Disabilities Education Act ( IDEA )? What do they know about transporting kids with the various IDEA classifications ? How do they handle oppositional behavior issues ? How well do they handle bullying and inappropriate behavior on their bus ? We provide broad , generic safety training , but we do not yet provide the deep-dive training needed to deal with these issues . We need to consider ALL facets of safety , including physical and emotional , and not just on-the-road safety . Otherwise , we are bound to make the same mistakes . That ’ s not what we aspire to for our children .”
Peter Mannella Chair NAPT Public Policy Committee
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