Hot Topics – Today & Tomorrow – In Special Needs Transportation Law Peggy Burns, Esq. Copyright © 2009, Education Compliance Group, Inc. All rights reserved. Peggy Burns, Esq. Copyright © 2009, Education Compliance Group, Inc. All rights reserved.

Key Themes Safety, safety, safety Personnel must demonstrate appropriate response in the face of likely harm to students Both distraction and passive reliance on equipment and technology must be replaced by awareness & action Safety, safety, safety Personnel must demonstrate appropriate response in the face of likely harm to students Both distraction and passive reliance on equipment and technology must be replaced by awareness & action

Key themes, contd. The law limits parents’ & family members’ obligations to take significant roles. Demonstrate defensible processes regarding decisions and use of CSRS’s, other equipment & all methods used. Related service transportation is “necessary for the child to obtain access to the location” of services. The law limits parents’ & family members’ obligations to take significant roles. Demonstrate defensible processes regarding decisions and use of CSRS’s, other equipment & all methods used. Related service transportation is “necessary for the child to obtain access to the location” of services.

Driver, attendant, & supervisor intervention Policy considerations React reasonably to what you see, hear, and learn Reporting, investigation, and follow-up Training issues Policy considerations React reasonably to what you see, hear, and learn Reporting, investigation, and follow-up Training issues

Enright case What training do drivers – and sub drivers – receive? What information does the Transp. Dept get? What specific directives do drivers get – About student management techniques? About reporting of disciplinary problems? What information do parents receive? What are the unintended consequences of route assignment, budget cuts? What training do drivers – and sub drivers – receive? What information does the Transp. Dept get? What specific directives do drivers get – About student management techniques? About reporting of disciplinary problems? What information do parents receive? What are the unintended consequences of route assignment, budget cuts?

Being “reasonable” Determine what is behind a parent’s request for change Use good judgment in investigations Give complainants a prompt & respectful audience; listen Take appropriate follow-up steps as new information becomes available Offer interim & long-term solutions Determine what is behind a parent’s request for change Use good judgment in investigations Give complainants a prompt & respectful audience; listen Take appropriate follow-up steps as new information becomes available Offer interim & long-term solutions

Reasonableness, contd. Respect rights of accused and accuser While supervision need not be “constant” nor guaranteed, reinforce its importance w/ policies & procedures, training, enforcement, discipline & re-training Stress driver compliance – range of discipline If fewer routes, consider impact on policies, personnel and practices. Respect rights of accused and accuser While supervision need not be “constant” nor guaranteed, reinforce its importance w/ policies & procedures, training, enforcement, discipline & re-training Stress driver compliance – range of discipline If fewer routes, consider impact on policies, personnel and practices.

What does the law require? Specialized equipment, if necessary Modifications and accommodations that are free (think, staff and stuff) The regular bus is the starting point for decision- making Provision and maintenance of assistive technology Personnel training Implementation Specialized equipment, if necessary Modifications and accommodations that are free (think, staff and stuff) The regular bus is the starting point for decision- making Provision and maintenance of assistive technology Personnel training Implementation

Methodology, Maneuvers & Equipment District vs. parent/family role Individualized decision-making Investigation of alternatives Documentation, data and analysis Propose least intrusive, but effective Address personnel tasks Effective training Timing issues District vs. parent/family role Individualized decision-making Investigation of alternatives Documentation, data and analysis Propose least intrusive, but effective Address personnel tasks Effective training Timing issues

How Soon? As soon as possible Short delay possible when: IEP meeting is at end of year or during summer, or Circumstances require delay to make transportation arrangements

Equipment and Staff Concerns Which vehicle? Which staff? What equipment? Is there a relationship between use or non-use of equipment and student injury? Is there a relationship between action or inaction by staff and student injury? Which vehicle? Which staff? What equipment? Is there a relationship between use or non-use of equipment and student injury? Is there a relationship between action or inaction by staff and student injury?

“Access” is a loaded word Official Analysis to the IDEA Regulations: Related service transportation is “necessary for the child to obtain access to the location where services will be delivered.” When is that the case? How necessary must it be? How do you know? Official Analysis to the IDEA Regulations: Related service transportation is “necessary for the child to obtain access to the location where services will be delivered.” When is that the case? How necessary must it be? How do you know?

Another piece to the puzzle The key is “access to education,” rather than any particular means of transportation What does this mean? What’s the process? Adequacy Safe Timely Where student is within the walk distance, is the length and nature of that walk path safe? But is “adequate access” enough for FAPE? What is transportation’s role in “new” IDEA intent? The key is “access to education,” rather than any particular means of transportation What does this mean? What’s the process? Adequacy Safe Timely Where student is within the walk distance, is the length and nature of that walk path safe? But is “adequate access” enough for FAPE? What is transportation’s role in “new” IDEA intent?