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.

U.S. DOT Says It Will Announce 'Concrete Actions' Against Distracted Driving at Next Week's Summit

Group files petition to prohibit or restrict the use of "unsafe electronic devices" by drivers of commercial vehicles

By Lisa J. Hudson

In anticipation of next week's federal summit on distracted driving, U.S. Transportation Secretary Ray LaHood is expected to announce what the department calls "concrete actions" on issue. Today, a report from National Public Radio outlines the issues surrounding the two-day summit, which will be held September 30 and October 1. You can download the agenda.

The NPR report also discusses a press conference call held on Sept. 24 by the Advocates for Highway and Auto Safety. The group, which is funded by the Property Casualty Insurers Association of America, filed a petition with the U.S. DOT calling on the FMCSA to implement a rulemaking that would prohibit or restrict the use of "unsafe" electronic devices by drivers of commercial vehicles, such as tractor-trailers, motorcoach buses, and large vans.

The group's conference call included a statement by Elissa and Jamie Schee of Ocala, Fla., whose daughter Frances “Margay” Schee, age 13, was killed last year when a tractor trailer rammed into the back of a stopped school bus with lights flashing, resulting in the vehicles catching fire. Margay died in the resulting fire. The truck driver’s cell phone use was determined by authorities to be a contributing factor in the fatal crash. The Schee's participation in the call coincided with the one year anniversary of Margay's death on Sept. 23, 2008.

So Much for Compartmentalization in New Airplane Design

School bus safety is predicated on the concept of compartmentalization, the safety envelope provided to students by the cushioned high back bench seats that are supposed to keep the children from being tossed about the bus in the event of a crash.

Certainly, no two crashes are the same, each with its own impact zones and forces that can cause injuries no matter what. That's the argument used by seat belt proponents. But today's blog isn't about seat belts but an interesting new commercial airplane passenger seating design originating out of England that promises increased capacity.

"Airplanes?" you ask. "What do airplanes have to do with school transportation?" The designs originated at a school in Stokes on Trent in England.

Modeled after troop transport planes, designer Howard Guy was working on a new learning project for the school's students when he had the epiphany that this could help airlines realize a 15- to 20 percent increase in capacity. Let's just hope it never finds its way out of the classroom and onto school buses, or airplanes, for that matter.

Beating on a School Bus

The Belleville Police Department in Illinois released this video today. You can hear the school bus driver repeatedly telling students to sit down as the student is beaten.

News reports say two students might be expelled and three others may be suspended by the district.

‘Agreement of Principles’ Reached on Possible Sale of UK Contractor with North American School Bus Ties

By Ryan Gray

The prospect that UK’s National Express Group, the owner of Durham School Services in the United States and Stock Transportation in Canada, might be acquired by rival Stagecoach Group plc appears more and more likely as the companies reached an understanding on how to move forward with a sale.

Stagecoach last week joined a consortium interested in purchasing all of National Express Group led by Jorge Cosmen, non-executive deputy chairman of National Express and chief representative of Spain’s Cosmen family, the majority shareholder of National Express at 18.5 percent. The family joined private equity firm CVC earlier this summer to bid for a takeover of National Express’ complete portfolio.

Today’s statement by National Express confirming that talks are underway regarding acquisition does not mention its North American operations under the National Express Corporation flag, which includes the second largest contracted school bus fleet in North America behind FirstGroup plc’s FirstGroup North America and First Student, which made its own unofficial bid for National Express in June.

We’re still trying to track down a comment by company representatives here in the states, but in reading National Express’ statement today, it would seem that the Cosmen’s have different designs on the North American school bus business as it only mentions Stagecoach possibly acquiring National Express’ UK bus and rail operations.

Visit STNonline.com for the latest on this story.

The Case is Made (Once Again) for Keeping Teens from Driving Their Peers

Another sad story unfolded prior to the Labor Day weekend when a 17-year-old boy fell out of a vehicle driven by an 18-year-old friend and was run over by a school bus. It happened in Willis, Texas, near Houston Friday afternoon as the victim’s brother and a busload of students watched in horror.

The Texas Department of Public Safety said the school bus driver had no time to react when Alex Caballero fell out of a car driven by Jose Juan Sanchez and into the path of the bus. According to the DPS, Caballero had just missed his bus and was receiving a ride home from Sanchez when the incident occurred. Apparently, Sanchez had been in an altercation earlier in the day with another student, as he and Caballero left the Willis High School parking lot, the fight resumed. What happened next turned tragic.

Someone in the other vehicle threw a car mirror at Caballero's vehicle, striking Caballero. He returned the mirror toward the other vehicle, at which point he apparently either fell out of Sanchez's car or was trying to get out to escalate the fight. He fell to the pavement and was run over by the school bus.

Incorporating the School Bus into Back to School Bus Night

By Ryan Gray

The About.com Special Needs Children blog had an interesting post today from writer Terry Mauro on the importance of parents attending their child's back to school night. She says more and more parents are skipping out on the annual rite of passage, as it appears busy schedules or plain disinterest are at play.

I can't say that I'm surprised, though it still is disheartening that so many parents don't or can't make the time to attend. Mauro provides a list of 10 reasons why back to school night is a must for parents. Mauro speaks from the special needs angle, but I write about it here in the Daily Routes blog because it rings true for all parents, especially those whose kids ride the school bus.

One evening a year is not too much to ask to get to know your child's teachers, the parents of your child's classmates. It's a great opportunity to see your child's classroom(s) and gauge the type of learning environment available to them. My question is, how many back to school nights also include school bus drivers? Despite budget cuts, I think it would be a great idea for schools to find the money to pay drivers for two extra hours to attend back to school night and to make themselves available to parents. It would be doubly grand if the school could incorporate some sort of school bus introduction or training for those parents whose kids ride yellow. Perhaps it's already done. I'd love to hear about it.