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This presentation at the 22nd National Conference on Transporting Students with Disabilities focuses on the crucial role of communication among stakeholders in ensuring safe and effective transportation for students with disabilities. Key topics include the importance of collaboration across departments, understanding legal protections such as IDEA and FERPA, and the need for effective planning and implementation of transportation services. Attendees will gain insights into planning considerations, strategies for sharing necessary information, and addressing challenges faced during the transportation of students with disabilities.
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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
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?
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
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”
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
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
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”
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?
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
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
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.
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.
