ANALYSIS While an employer is hard put to offer support for a negative (e.g.,
“he never asked”), a policy and practice of documenting requests when they are made will strengthen an inference that, where there is no clear evidence that an employee complained, the lack of a record indicates that such complaints simply were not made.
5. BUS STOP INCIDENTS AND PLACEMENT DISPUTES ARE A CONTINUING SOURCE OF LITIGATION.
A New York school district successfully defended its refusal
to move a bus stop in response to a parent’s request where the decision to refuse was predicated upon safety concerns. Te district was able to show it used reasonable care in balancing considerations of pupil safety and convenience, routing efficiency, and cost. (Appeal of K.G. and A. G., July 29). School districts generally have discretion to locate bus stops where they think best, but it can be important to be able to articulate the factors used to determine whether students will be safe, so that rejections based on efficiency and cost seem reasonable. Two Louisiana cases and a New Jersey case demonstrate that
“custody and control” remains a key issue in decisions about a district’s duty to prevent post-discharge injury. In both Louisiana cases (BL v. Caddo Parish School Board, Sept. 21, and Credit v. Richland Parish School Board, April 13) students were victims of tragic events that occurred after the students had left the bus.
In BL, a student used a fake invitation to exchange video
games and a threat to “hit…him with a brick if he did not do as he was told” to sexually assault the other boy after the two were discharged at the same bus stop as usual. Where the attack occurred a considerable time after the school district’s duty to supervise the boys ended, the case against the district was dismissed. In Credit, a student died when an oncoming school bus ran her
over. Te accident was the result of another student’s pushing the victim in the course of a fight after their bus had discharged them and pulled away. An appellate court determined that the trial court had erred
in dismissing the case against various school district officials and the bus driver, because of disputed evidence concerning intervention to prevent or stop the fight, the failure to have designated bus safety areas and marked bus safety zones, and the failure to properly supervise the area. ■
Peggy Burns is the author, along with Lisa J. Hudson, of the book, “Defensible Decisions about Transporting Students with Special Needs: Lessons Learned from Legal Disputes.” She also is the creator of four video training programs for drivers, and is the editor of Legal Routes. Visit
www.educationcompliancegroup.com, call (888) 604-6141, or email
peggy@educationcompliancegroup.com.
7 North Street
Outsourcing Pupil Transportation Makes Sense for School Districts Setting the Standard for Safety
SAFETY
W H Y A T L A N T I C E X P R E S S ? SAVINGS
Staten Island, NY 10302
www.atlanticexpress.com
email:
busdev@atlanticexpress.com 1-800-336-3886 ext. 8073
Pupil Transportation is a complex business that includes many aspects such as routing, vehicle maintenance, school bell time management, capital investment, operator training and many other specialties. But when you get right down to it, the two most important reasons school districts and private school systems outsource their student transportation are safety and savings. By far, according to independent research, the safest way for children to get to and from school is on yellow school buses. It’s safer than walking, riding a bike, public transportation, taxis and even being dropped off and picked up by a parent. Independent research also tells us that outsourcing can save school districts 10% or more in their transportation costs.
EXPERIENCE
Our fleets have access to and can be equipped with GreenRoadTM
, a
high tech personalized electronic driving coach system combined with GPS that provides feedback to help measure, improve and sustain safe and fuel-efficient driving decisions. Drivers and management are provided web-based performance reports and analysis that empower drivers to reduce crashes, improve fuel economy and reduce costs.
By analyzing your current routes, bus times and capacities, mainte- nance schedules and other important operational aspects, Atlantic Express can create efficient systems and transportation solutions that will save your school district money. By paying a fixed annual price for your student transportation needs, there are never any budget short- falls or unexpected costs.
46 School Transportation News Magazine January 2012
Atlantic Express is one of the largest providers of school bus transporta- tion in North America with over 40 years of experience. Our reputation for unmatched standards in safety, quality and reliability make Atlantic Express the transportation provider of choice for some of the nation’s largest and most complex school districts, as well as small school dis- tricts and private schools.
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