Tought Leader
Te more drivers and aides know about students in their care, the better prepared they will be to recognize triggers that can lead to aggressive behavior or that can lead to escalations of potentially violent situations.
Positive methods of intervention should be used whenever possible. Schools should be encouraged to consider and implement a program of Positive Behavior Intervention. Positive methods of behavior control, planned in advance, can provide drivers and aides with additional resources at the ready. At a minimum, school bus operators should know the student discipline and reporting procedures for their school. Discipline and reporting rules should be applied consistently, fairly, and in writing. But, sometimes avoidance efforts are not enough. When violence occurs, drivers or aides must react.
When practical and as a last resort, a driver or aide may need to physically prevent harm or may need to isolate a student from others. Tis is referred to as “restraint and seclusion,” which is a completely different practice than securing students in Child Safety Restraint Systems and must be communicated to parents as such. Te U.S Department of Education publishes a state-by-state summary of restraint and seclusion laws. Generally, state laws take a common sense approach. Applicable cases and statutes empha- size that positive, rather than negative, guidance should be used whenever possible. Adult drivers and aides should be careful not to use any force in applying restraint or seclusion that is inappropriate or excessive given the circumstances and the individuals involved. Some states have statutes providing good faith immunity when adults caring for children must physically intervene to prevent harm. But, such immunity will not apply in instances of excessive, unwarranted or inappropriate physical intervention.If physical intervention by a driver or an aide is not practical, not possible or the risk of injury is too great, and if no teachers or administrators are available to assist, the driver or aide should call 911. When an aggressive or violent incident has concluded, appropriate remedial follow-up action should be considered such as a “bus suspension,” that is, excluding the student from transportation for some period of time.
THE DIFFICULT REMEDY OF ‘BUS SUSPENSION’ Tere is inherent conflict between parents, the school and the school bus operator regarding “bus suspension” in reaction to
36 School Transportation News • MARCH 2017
aggressive student behavior. Parents are biased advocates for their children. Schools will measure their response against federal and state statutes that prohibit discrimination and require the school to provide a Free and Appropriate Public Education, or FAPE. School bus operators will consider their contractual obligation to assure the safety of all students on the bus and their obligations under state and federal law to provide a safe workplace for employees. Ideally, the school and the school bus operator will have good clear written standards for student discipline that can be applied fairly when school bus violence occurs. Well written and properly applied procedures are the best response to a parent who believes their child is being treated unfairly. Like physical restraint, bus suspension is also a last resort that should be carefully considered.
WHAT SHOULD SCHOOLS AND CONTRACTORS DO? Schools and school bus operators should be prepared in advance
to recognize the onset of aggressive behavior on the school bus that can escalate into violence. Positive measures should be used whenever possible to avoid aggressive behavior. If violence does occur on the school bus, drivers and aides should be trained how to respond first with positive measures and, if absolutely necessary, with appropriate physical measures. If physical intervention is not practical or possible, drivers and aides should know how to call for help by radio, phone or from school personnel, if available, and should take appropriate measures to protect all students from harm. Finally, school bus operators should understand their obliga- tion to provide a safe work place. Operators must address reports of school bus violence from their
employees who work as drivers or aides. Te responsive actions of the school or the operator should be based on appropriate written procedures that are fairly applied and all incidents, investigations and actions should be documented. Failure to take reasonable responsive measures could result in civil liability for injuries to pas- sengers, worker’s compensation claims for injuries to drivers and aides who are employees, and fines under OSHA laws for failure to provide a safe work environment. ●
CELEBRATING25YEARS
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