Tought Leader
Special Needs Challenges: Handling Aggressive Behavior on the School Bus
WRITTEN BY RICHARD KELLY, ESQ. H
ow should school bus operators respond when a special needs student acts aggressively on the school bus? Of course, school bus operators want to be sensitive to the special needs of the student who may be exhibiting violent be- havior. But, school bus operators must keep all students safe and, as employers, are obligated under OSHA to provide a safe work environment for their workers (29 U.S.C. 29 U.S.C. § 654.)
TYPES AND SOURCES OF SCHOOL BUS VIOLENCE Incidents of school bus violence are common. In July 2016, Duval County Public Schools in Florida reported that nearly one in every 1,000 school bus trips recorded incidents of violence arising from fights. Recent reports by the National Center for Education Statistics reported that 7.4 percent of all incidents of bullying take place on the school bus. But, incidents of fights and bullying may be different from violence arising from the unique circumstances of special needs students. While school bus violence may be common across the entire student population, there are different triggers, different methods of avoidance, and different remedies appropriate for special needs students.
AVOIDING AGGRESSIVE BEHAVIOR Recognizing the factors that lead to aggressive or violent behavior is critical. Drivers should make an effort to know and understand the students in their care. Te more drivers and aides know about students in their care, the better prepared they will be to recognize trig- gers that can lead to aggressive behavior or that can lead to escalations of potentially violent situations. To the greatest extent possible, drivers and aides should address students by name and should observe the student’s routines, behaviors, and demeanor. Tat
way, a driver or aide is more able to recognize unusual or potentially troubling behavior. Many special needs students have an Individual
Education Program (IEP) that addresses their particular special needs. Te IEP is a vital source of informa- tion about how best to help students avoid aggressive behavior that could escalate into violence. While some schools may resist sharing IEP information based on the student’s “privacy” rights, school bus operators should be aware that federal law, including the Family Educa- tion Rights and Privacy Act (FERPA), states explicitly that a contracted provider of services with a “legitimate educational interest” should have access to such records. Te relevant section of FERPA, 34 C.F.R. § 99.31(a)(1) (i)(B), has been interpreted to include school bus drivers as those with a “legitimate educational interest.” So, schools should share information in a student’s educa- tional records when that information would help a driver or aide understand how to provide a student with a sup- portive environment and how to react to situations that could result in aggressive or violent behavior. Advanced preparation and training will help drivers and aides avoid student violence before it starts.
REACTING TO AGGRESSIVE BEHAVIOR Environmental factors can often result in student anxiety that escalates into aggression or violence. A driv- er’s “reaction” should begin when a potential trigger is recognized. If the bus is delayed by traffic, construction or weather, the simple delay or break in routine could be a triggering event for some special needs students. Drivers should be prepared for the possibility of a delay and should be ready with a practical and age-appropriate plan. Questions about students’ pets, a favorite sports team, or even a sing along can make delay time pass quickly and without incident.
Guidance on seclusion and restraint practices is available from the U.S. Department of Education at
www2.ed.gov/policy/seclusion/index.html and from the Crisis Prevention Institute at
www.crisisprevention.com.
Richard C. Kelly is the principal at RC Kelly Law Associates, specializing in general consulting and HR issues for school bus contractors bsed in Lansdale, Pennsylvania. Email help@
rckelly.com for more information.
34 School Transportation News • MARCH 2017
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