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Alleged use of force. Two noteworthy cases concerned allegations that


school transportation personnel sanctioned and/or participated in physical abuse of a student with special needs. Both contain implicit messages about the necessity of training for drivers and bus attendants regarding appropriate ways to address student misconduct. Rodriquez v. Casa Grande Elementary School (AZ, November 2010) involved


allegations that a driver mistreated an 11-year-old student with a mental dis- ability by pulling her and holding her upside down by the ankles, and pulling off her shoes. In the same incident, the aide is alleged to have stood by while the driver choked the child for nearly two minutes, failed to notify the authori- ties of the driver’s conduct, and lifted the child by the wrist after the driver’s inappropriate use of force. Weyant v. Johnston County Board of Education and Linda Woodhouse


(NC, October 2010) involved a middle school student who suffers from autism and is non-verbal. On Feb. 6, 2009, Rena’s parents sued the school dis- trict and Linda Woodhouse, a bus aide, alleging that Rena had been severely pinched approximately a year before by Woodhouse in the course of a very misguided lesson in behavior management. Allegedly, Rena, who sat next to Woodhouse on the bus, began making “arm movements” stemming from her autism. Woodhouse told her to stop, and then directed “Rena to pinch her so that she could pinch Rena back and ‘show her how it felt.’” Woodhouse “se- verely pinched Rena up and down her arms, causing her to ‘scream and cry’.” A teacher’s aide, captured on tape by a student witness, allegedly said “that is the way we have to train them.” Both cases are in early stages of litigation, and were considered by the two


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state courts involved on issues of legal technicalities. But wise transportation administrators will not wait for determinations of liability in these or any cases to consider necessary protocols and training programs for prevention of such injury to students, and monitoring and reporting responsibilities in connec- tion with staff members’ “behavior management” techniques. Not just about students with disabilities…Te Office for Civil Rights has


issued a letter and fact sheet cautioning districts to recognize that student- to-student harassment may require more attention than that required by anti-bullying policies. While bullying has received significant – and needed at- tention – in recent months, a district’s failure to take legally-required action in the face of notice of harassment based on gender, race, national origin, disabil- ity, or religion, can have serious implications and render the district vulnerable to significant liability. Te letter and fact sheet are posted on the Education Compliance Group, Inc. Web site, www.educationcompliancegroup.com. School transportation professionals should review the information in its en- tirety to understand their responsibilities for recognizing and responding to harassment, by whatever label it may be called. ■


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Peggy Burns’ new book (with Lisa J. Hudson), Defensible Decisions about Trans- porting Students with Special Needs: Lessons Learned from Legal Disputes, is available for $75 + $9.95 s & h (for more information, visit www.educationcom- pliancegroup.com, or call (888) 604-6141. Contact Peggy by e-mail to ecginc@ qwestoffice.net. Peggy is an attorney and consultant, and owner of Education Compliance Group, Inc.


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46 School Transportation News Magazine February 2011


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