Dear colleague:

1. Dear colleague: Communications among Stakeholders for Successful Transportation Peggy Burns, Esq. Education Compliance Group, Inc. peggy@educationcompliancegroup.com www.educationcompliancegroup.com Cindy Konomos Director of Special Education Independence (MO) School District cindy_konomos@isdschools.org 22nd National Conference on Transporting Students w/ Disabilities & Preschoolers

2. Key reasons for collaboration • Special ed doesn’t always mean transportation • 504 protections apply • All the necessary information may reside in multiple departments/people • Must develop a consistent process for your district • Planning is not enough; implementation is critical • Thinking outside the box takes a team • Because you can, and why would you pass up an opportunity to do it right?

3. Analyzing need for information • Who will need it? • Who has it? • What should be done with it? • Your role? • Is necessary coordination in place between the transportation department or contractor, the school or school district, and parent? • Be prepared to answer all the above

4. Balance privacy interests with risk of non-disclosure • Give staff members the information they need • They may have this information when acting as a “school official” with a “legitimate educational interest”

5. Student records • FERPA (Family Educational Rights and Privacy Act) governs education records • Handout • HIPPA • http://www.hhs.gov/ocr/privacy/hipaa/understanding/coveredentities/hipaaferpajointguide.pdf

6. Other relevant laws • IDEA provisions • Related service personnel must have access to information about “the what” and “the how” of the disability-related needs of a child with a disability, 34 CFR Sec. 300.323(d) • Recipients of information must be trained in non-disclosure requirements, 34 CFR Sec. 300.610

7. IDEA provisions • Related service personnel must have access to information about “the what” and “the how” of the disability-related needs of a child with a disability, 34 CFR §300. 323(d). • Recipients of information must be trained in non-disclosure requirements, 34 CFR §300.610. • OSEP (August 22, 2003) and OSERS (Q & A, November 9, 2009) documents reinforce: • Need for “meaningful and effective communication – before the fact – between school district personnel and transportation providers about the transportation needs and potential problems of individual students”

8. Planning considerations • Behavior that is aggressive or dangerous? BIP? • Circumstances affecting location of pickup and/or return? • Specific types of assistance that must be provided by an adult? • Condition requiring monitoring, interpretation, data collection, or intervention? • Implications for any aspect of transportation because of medical condition? • Anticipation of foreseeable transportation emergencies?

9. Planning considerations, contd. • Need for use of technology or assistive devices such as trach tube, helmet, ventilator, oxygen, or frequent suctioning; walker, manual wheelchair, power wheelchair? • Uncontrolled seizures? • Adapted car seat, safety vest or seat restraint • And, who needs to know? • What are the training implications? • What are the documentation implications

10. Effective communication strategies • What specific information should be shared, and with whom? • What is the context and purpose for the communication at issue? • Planning • Implementation • Investigation • Other • Written v. oral communication

11. Scenarios • Failure to share information w/ contractor about student’s condition contributed to injury in course of evacuation drill. • IEP team made conscious decision not to provide rationale for directive that student should sit alone. Driver’s failure to enforce directive may be direct cause of injury. • Lack of coordination spells FAPE failure when district fails to address student’s mobility issues.

12. Scenarios, contd. • School officials fail to advise transportation about sexual behavior between students – students take same bus to travel home. • Various cases and scenarios illustrate need for drivers/aides to have information from BIP’s. • Bullying and harassment that are part of a patterns must be addressed appropriately – absent communication and coordination, school officials may not recognize pattern, and/or may fail to act accordingly.