Musing about Monitors

By Peggy Burns, Esq.

There has been a spate of recent legal decisions and media headlines that have made me think about the relationship between drivers and paraprofessionals on school transportation vehicles. I’m using the word “paraprofessional” to suggest a broad range of job titles – like monitors, attendants, aides, escorts. I’m less concerned about what they’re called, or even their specific duties, than I am about their own expectations about their roles, and what you’ve communicated to them and to drivers about the interaction between these two categories of individuals.

Typically, the bus driver is the “captain” of the bus. What do we expect of a paraprofessional if he or she becomes aware that the driver is doing something wrong? And, for that matter, what do we expect of the driver in the face of unacceptable conduct by the paraprofessional? Have you really identified the relationship between the two and empowered each to take action when necessary to prevent harm to students?

Do paraprofessionals and drivers have the information about likely needs of students on the bus that will help them anticipate the opportunities and methods by which they must keep the students safe? That’s your responsibility, and that of your district and/or company.

Your employees must take reasonable action under a wide variety of circumstances. At a minimum, your staff members must speak up and question potentially aberrant behavior. At a minimum, they must do what they can reasonably do to intervene in the face of likely harm. That’s true even though they may not have the ability to actually stop the harm from occurring, and may not be expected to do so.

And, of course, both paraprofessionals and drivers should have the means to report – and use those measures to report – to dispatch and/or the authorities when any number of situations occur on the bus. Regardless of what entity owns the vehicle, and what entity employs the paraprofessional and the driver, both need to have access to communication equipment be trained to use it.

I haven’t thought much about this before. Maybe you haven’t either. But take my word for it: the courts and media are paying sudden attention to these issues; we’d better too.

Peggy Burns is an attorney and consultant, and owner of Education Compliance Group, Inc. She is the editor of Legal Routes, and developer of four video training programs, “The Road to Compliance for Special Needs Drivers,"“Putting the Brakes on Harassment: Training for School Bus Drivers," “Steering Clear of Liability: Training for School Bus Drivers," and “Confidential Records: Training for School Bus Drivers.” Peggy can be reached at (888) 604-6141, and by email to ecginc@qwestoffice.net.

"It's not the way to handle things"

The father of a four-year-old special needs student who was allegedly molested by a school bus aide is irate. The aide has been arrested, but Josue Melgar said the district shouldn't have taken nearly two weeks to tell him about the incident. He told CBS4:

"They give me excuses saying, 'I'm sorry, I'm sorry' saying, 'We told this person to call you.' It's not the way to handle things."

"... I don't know for how these people (the school district) could do this without sending the girl back home and acting like nothing has happened ... That's not the way to do this. I just feel devastated when I think about that. I can't sleep just thinking about that."

The district said it launched an investigation immediately after the bus driver said she saw the aide touching the student and removed the aide and reassigned him to a job away from students. But the district could not say why the Melgars were not notified immediately.

Read the whole story online. Let us know what you think. How do you think the district handled this incident? What procedures for investigation and notification of parents are in place in your school if this should happen?