term is also closely connected to the meaning standard of care. Gross negligence is defined as a demonstration of reckless disregard for the safety or lives or others. Connected to this definition is the concept of harm be- ing foreseeable when upholding one’s duty of care. From the perspective of an expert witness, monetary damage awards can occur when both negligence or gross negligence transpires. The amount of monetary damage awards, most often, is determined by harm or injury to a child with disabilities in relationship to foreseeability of the negligence of the school district. For example, if a child with a disability, unknown to be a runner, darts off of the school bus at the wrong stop, resulting in serious harm to that child, it is more likely that charges of negli- gence would be filed in a lawsuit than gross negligence. However, if a child with a disability, has a documented and well-known behavior pattern of being a runner, and this information is never shared with the bus driver and the child leaves the bus at the wrong stop, where he is met by a parent daily, and killed by a vehicle, this would more likely result in a lawsuit citing gross negligence. Specific factors, resulting in liability against school
district transportation include: (1) the age of the child with disabilities and need for supervision; (2) the impact of disabilities on safe ridership on a school transportation vehicle; (3) training of the driver and/or attendant to carry out their responsibility for safe transportation; and (4) reasonable measures taken to provide safe transportation to a child with disabilities in accordance with federal and state law and local school district policies and procedures. This list is an over simplification of liability factors. In summary, it is a school districts responsibility to pro-
vide safe transportation to and from school, for children with disabilities. If not, there is a chance of liability be- cause of a failure to implement a legal duty. It is essential to never underestimate how challenging the individual needs of a child can be during transportation. ●
Linda F. Bluth, Ed.D. is a national expert on transportation compliance under the Individuals with Disabilities Education Act. She is a Tenured Faculty member of the National Conference on Transporting Students with Disabilities & Special Needs and a Hall of Fame member of the National Association for Pupil Transportation.
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