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plaint when the IEP team determined the boy’s behavioral problems prevented him from being able to ride the regular educa- tion bus. The administrative law judge found that


B. B. would be able to ride the regular education bus with a “bus buddy” and the court was persuaded by the testimony of experienced staff members that, indeed, the boy could ride with support from a child trained to sit next to him as his spe- cial helper. An expert witness described a “bus buddy” similar to a peer tutor, used on a bus to help model proper bus riding behaviors. The training for the regular education bus driver — which the expert did not describe as essential — would be to assist the driver in reinforcing B.B.’s appropriate behavior.


In Cape Henlopen School District,


(Delaware, Feb. 28), a student with special needs was served in a self-contained, special-education classroom until he aged


out of eligibility at the end of the 2011- 2012 school year. Because of self-injurious behavior, which impeded his learning, the student has a positive behavior support plan. His IEP included transportation, with a plan for transition from a van to a bus so that during the 2011-2012 school year the student would ride in a less restrictive environment with nondisabled peers. Despite the existence of this IEP, the


boy was assigned to a new route in Sep- tember, which created a longer ride and removed special education staff support. A new IEP was ultimately developed, decreasing travel time and including a trained bus monitor. Although the monitor’s training focused


on required behavior interventions when the student exhibited self-injurious be- havior, bus videos showed a monitor who just watched, without taking action to intervene. The state agency noted that the failure to implement the student’s IEP and behav-


ior plan raised serious and legitimate con- cerns for the student’s safety. It required that the district provide a detailed correc- tive plan to the state, which must include a specific training requirement for bus monitors, staff and drivers. It also required protocol for demonstrating how compli- ance will be monitored and how data will be collected, reviewed and analyzed to en- sure that necessary interventions support, and safety measures are provided. 


Visit Peggy Burns’ website at www. educationcompliancegroup.com, or learn about Legal Routes at www.legalroutes.com. Peggy and her colleagues at Education Compliance Group are available for in-services and legal/ policy/compliance audits of operations. She can be contact at (888) 604-6141 or peggy@ educationcompliancegroup.com.


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