Te consensus of a general session panel
on March 4 was that the cost of complying with Section 504 of the Rehabilitation Act of 1973 governing non-discriminatory transportation practices for students with disabilities will continue to rise, forcing school bus operators to rethink how they operate or face expensive settlements that will require a change of practice. “You might do what you think is right, but this is a civil rights law, and students can’t be discriminated against,” said Meslin, one of the panelists on “If We Could Change Section 504, How Would We?” School attorney and consultant Peggy A. Burns of Education Compliance Group and policy expert Linda Bluth, a special initia- tives education specialist in the Maryland State Department of Education Division of Special Education Early Intervention Services, joined Meslin in discussing that though the civil rights law likely won’t change, as it relies on definitions applied by the courts for the Americans with Disabili- ties Act, the way student transporters make decisions based on services with student with special needs can. Meslin said documentation is key espe-
cially for school bus drivers, though it’s not what they generally like to do. A driver might not perceive an incident
on the bus to be bullying, for example, but it could still be discriminatory and wrong for the child with disabilities, promoting a neg- ative environment for the other students on the bus and a liability for the district. Docu- menting any and all incidents, or reviewing the video, can be helpful in changing policy or procedures before a lawsuit forces the same result.
Motivation was a key topic of discussion during a general session on March 2 at the conference.
“We are frequently in the dark, and that’s
going to have to change,” Meslin said. Before the 504 general session, the
American School Bus Council recognized Lt. Ray Robinson of the Tennessee High- way Patrol with a School Bus Champion Award. He is the first law enforcement official to receive this award. æ
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