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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46 School Transportation News February 2014 See Us At Booth #124
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