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Index to the Headlines from Legal Routes™

Volume 8, Number 4, July, 2010

• A Place to Call Home?
• A True Story to Tell Your Drivers
• A Parent's Perspective: Staying at the Table and Out of the Boxing Ring
• Hitting a Home Run for Safety with Dispatch on Your Team
• Since You Asked: Employee's Use of Social Networks

Volume 8, Number 3, May, 2010

• FL Court Rules on Responsibility for Bus Safety
• Second Guessing First Chances -- A North Carolina Case
• Are Best Practices Always Best? 15th NCST and You
• IL Court Agrees Student's Safety Requires Door-to-Door Transportation
• Driver to Director -- A Journey
• Since You Asked: Length of Ride Time Affected by Budget Cuts

Volume 8, Number 2, March, 2010

• $1.45 Million Harassment on Bus Settlement is Startling
• Don't Leave Liability to Chance: Urge Employees to be Careful
• Making "Pals" of Principals: When the School Day Starts at the Bus Stop
• A Parent's Perspective: Kids Today
• SInce You Asked: Physical Restraint and Force: When Safety is Jeopardized

Volume 8, Number 1, January, 2010

• Back on the Docket: Recent Cases, New Decisions
• Drivers Risk Liability When They Fail to Follow Clear Rules
• Efficiency Options for Special Education Transporters
• Buyers' Remorse: A Transportion Hiring Challenge
• "Potentially Devastating" Case Ignores Contracting Basics
• Cost Savings, Effectiveness and Risk Management: Striking a Balance
• Military Families Seek Consistency in IDEA Services State-to-State
• Since You Asked: Obligations Re Curb-to-Curb Service

Volume 7, Number 6, November, 2009

• Colorado School District Seeks Appeal in Securement Case
• Burns/Hinson to Present Workshop
• Balancing Policy and Students' Needs
• Employee Due Process: How Much is Due?
• Lack of Documentation Dead End for Maryland School District
• Since You Asked: Update on Bus Surveillance Videos

Volume 7, Number 5, September, 2009

• Welcome Back: Meeting Challenges
• Company and Monitor May Be Responsible for Driver's Assault on Student
• More Sexual Abuse on the Bus: Student-to-Student Case Sheds Additional Light on Duties
• A Policy and Its Problems: One Size Can't Fit All Students with Disabilities
• USDOE Proposes to Collect Data on Restraint Use, Seclusion, Discipiline
• Since You Asked: Legal Dimensions of H1N1 Flu for Transportation Departments

Volume 7, Number 4, Juy, 2009

• California Case Explores Scope of Transportation
• Proactivity Necessary in Bullying and Harassment Cases, Despite Court Settlements
• Stick to Basics: An Editorial Comment
• FLSA Claims Force Contractor to Explain "Quirky" Records, Charter Trips
• "Reduction of Hours" Decision: Making Your Case
• Make Sure Your Despatcher Has the Necessary Tools
• Since You Asked: Can You Set System-Wide Parameters for Transporing Homeless Childres?

Volume 7, Number 3, May, 2009

• Who's in Driver's Seat when Student with Disability Doesn't Come to School?
• Head Off Legal Issues in Transporting Head Start Students
• Lots of "Should-Have's" in Tennessee Driver Case
• Medicaid Billing Still Available
• If You Were "Judge Judy," Would You be Convinced?
• Far-Reaching Changes in ADA and Section 504 Now in Effect
• Precious Cargo? Dissent in Sexual Harassment Case Questions Immunity Decision
• Since You Asked: What Legal Resource is Available when Driver Gets Hit by Special Needs Student?

Volume 7, Number 2, March, 2009

• Paying for "Off-the-Clock Time:" Sometimes Only Time Records Will Tell
• Showing That You Care Can Help Avoid Liability
• "Grotesque Picture of Harassment" Drives On after Supreme Court's Decision
• 2009 Decisions Highlight Workplace Retaliation
• Tennessee Court Dissects Driver's Failure to Act
• Since You Asked: Least Restrictive Enviromment - Don't ignore an important piece of the obligation

Volume 7, Number 1, January 2009

• Peggy's Picks for Most Important Pupil Transportation Issues of 2008
• 9th Circuit Upholds Driver's Award for Employee Sexual Harassment
• Driver's Action Subjects District to $50,000 Damages
• Transportation Practices Can Fall Victim to Broad Scope of Special Needs Decisions
• Cracking Down on Staff Attendance Issues
• Anatomy of a Special Needs Transportation Dispute
• Since You Asked: Out-of-Date Videos -- Should they be Used in Training?

Volume 6, Number 6, November 2008

• 6th Circuit's Balacing Test Defeats Aide's Injury Claim
• What if There's No Safe Way to Transport?
• Qualifications Comparison Fuels Job Applicant's Claim
• Tennessee District Prevails in Sexual Harassment Case Despite Parents' Pointing Fingers
• Since You Asked: Employee Discipline -- Can't we get in trouble for doing the right thing too?

Volume 6, Number 5, September 2008

• School's in Session: Avoiding a Rough Ride
• Serving Students with Disabilities: Must Service Animals Ride?
• Training Tip: Georgia Court Ups the Ante When Staff Fails to Follow Rules
• Access Information about Registered Sex Offenders
• Religious Discrimination in the Workplace
• Since You Asked: When Parents Give Relief Driver Student Info Not in Log Book

Volume 6, Number 4, July 2008

• With ADA Amendments, "Reasonable Accommodation" Efforts Will Grow
• California Agency Puts Brakes on Parental Preference
• Permanent Decertification of NY Bus Driver Shocks Court
• U.S. Supreme Court to Decide School Bus Harassment Case
• Multiple Jobs, Multiple Issues
• Audio Recordings Hit Courts Again
• Our Turn to Ask: Should You Lead a Policy "Tune-Up?"

Volume 6, Number 3, May 2008

• Changes to FERPA Proposed: Burns and NASDPTS Comment
• Food Allergies and School Buses: Finding Safe Balance
• Kansas Court Dismisses "Left on Bus" Case
• Overtime Cases Drive on in New York and Georgia
• Bending over Backwards for Employee Can Tie District in Knots
• "Pay More," Orders PA Court in Enright Case
• Since You Asked: Wheelchair Deemed Unsafe to Transport

Volume 6, Number 2, March 2008

• Failure to Train Fuels Court's Concern
• ADA and ADEA Drive More Employee Termination Cases
• Personal Bus Matron Loses Bid to Suppress Audio Recording
• Court Ends Protection for Washington Bus Video
• Essential Training Tip: Report Indicents Accurately
• Since You Asked: Door-to-Door Transportation

Volume 6, Number 1, January 2008

• Kindergartner Paints "Grotesque Picture" of Sexual Harassment
• PA Court Rejects Duty to Protect on School Bus
• Louisiana Court Says Constant  Supervision Not Required
• Time's Up for Late Driver
• Technological Surveillance in Employment Context: Courts Navigate Difficult Roads
• Since You Asked: Understanding Transition Services

Volume 5, Number 6, November 2007

• Dealing with the New "Candid Camera" on the Bus
• Cyber-Bullying Begs Policy Attention
• Attendant Guilty of Attempted Child Endangerment
• When Parents Do the Driving: Avoid Problems around the Corner
• District's Actions Sufficient in Co-Worker Harassment Case
• Regular Bus Need Not Be Modified, Says Wisconsin Agency
• Since You Ask: Strategic Thinking

Volume 5, Number 5, September 2007

• Getting Off to a Good Start
• Peer Sexual Molestation Takes Back Seat in Immunity Case
• Indiana Bullying Case to Face Jury
• Driver Takes Right Steps in Sexual Harassment Case
• 11th Circuit Examines School Transportation Pay Practices
• Security Company Breached Duty of Care at Bus Stop

Volume 5, Number 4, July 2007

• 7th Circuit is Dead End for Driver's Hostile Work Environment Claim
• District's Response to Steep Driveway Defeats Parent's Case
• Curb Parent's Drive Toward Litigation
• Pave the Road to Awareness of Transportation Issues
• Tardy Driver "Unqualified," Says Washington Court
• Parent Out of Luck in Outside-District Transportation Request
• Model Leter to School Officials
• NY Court Approves Termination of Bra-Snapping Driver
• Since You Asked: District Responsibility and Parental Choice on Where to Live

Volume 5, Number 3, May 2007

• Failure to Act Puts Brakes on School Bus Escort's Career
• District Not Responsible for Student's Post-Exit Injuries
• Length of Ride Can Drive Negotiation of Transportation Disputes
• Long Bus Ride Unavoidable, but Doesn't Impact Education for Illinois Boy
• Surprising Decision Says Trained Driver Can Handle Medication Issue
• Transportation Secretary's Discrimination Charge Stalls in Georgia Court
• Head Start Lawsuit Veers between Courtrooms
•  Since You Asked: School Discipline Policies and Student Conduct on the Bus

Volume 5, Number 2, March 2007

• An IEP Calls for Transportation: How Soon Must You Begin?
• Who's Driving Our Kids: The Legal Background of Background Checks
• Washington Court Explores Shift in IDEA's Compliance Standard
• Injured Cyclist Can't Prove What Bus Hit Him
• Since You Asked: Common Thread in Recent Court Cases and Headlines

Volume 5, Number 1, Janaury 2007

• Are Batteries the New Rubber Bands?
• Survey Sees Workplace as "Legal Minefield"
• Illinois Driver "Wasn't Going to Get on Bus, but ADA Case to Go to Trial
• Driver Blames Job Problems on School Administration
• District Not Liable for "Trapped and Abandoned" 4-Year Old
• Parental Push for Shrinking Walk Zones is Likely Hot 2007 Topic
• Since You Asked: Why Not Mandatory Retirement Age?

Volume 4, Number 6, November 2006

• Special Bus Provides Adequate Access for Kansas Student
• Staff's Safety is Focus of Bus Seating Case
• Balancing "Need to Know" with Fears about Confidentiality Breach
• New EEOC Suidance Addresses Hearing Impairments in Workplace...and More
• Michigan District's Immunity Defense Prevails
• Lack of Evidence, Untimely Claim, Fuel Decision against Driver
• Since You Asked: Administering Epi-pen in Emergency

Volume 4, Number 5, September 2006

• Parents" Case Reaches Dead-End in 4-Year Battle over Harness
• Court Not Divided in Split Specimen Appeal
• "I Don't Want to Scare My Drivers" and Other Concerns: An Editorial Comment on the Driver Shortage "Scapegoat"
• Kansas Court Puts Brakes on District's Plea to End Age Discrimination Case
• Final IDEA Regulations Released
• Since You Asked: Posting Schedules and Times on the Web

Volume 4, Number 4, July 2006

• New York Case Drives Home Supervision Issues
• District Not Liable — Finally — for Driver Inaction in 2000 Incident
• Think Like the Feds: New EEOC Manual Addresses Race and Color Discrimination
• Don't Substitute Your Judgment for IEP Team's, PA Case Shows
• Ohio School District Takes One More Trip around Appellate Block
• A Postscript to the Colorado Case
• Since You Asked: Asmatic, Alergic Driver Asserts Self with Special Ed Student: Did She Go Too Far?

Volume 4, Number 3, May 2006

• "Left On Bus" Case Conveys Memorable Message: District May Be Found Liable
• Peggy's New Training Video to be Released this Summer
• North Carolina District Not Responsible for Transporters' Failure to Report
• Illinois Case is "Pregnant" with Facts, but Not Discrimination
• State Law Tips Scale in Weighty Special Ed Issues
• Avoid Legal Detours in Disciplining Section 504 Students
• District's Slip-Up Results in Student's Slip and Fall
• Entertaining and Training with "White Knuckle Rides"
• Since You Asked: Responding to Complaints of Sexual Harassment

Volume 4, Number 2, March 2006

• Ohio Student's Change of Districts Didn't Justify IEP Change
• Feds "Dear Colleague" Letter Addresses Sexual Harassment
• District Absolved in Contractor Case
• Are You Checking Student ID's?
• Texas Mechanics Ruled Victims of Gender Discrimination
• More on Fighting: Was Razor Attack Foreseeable?
• Since You Asked: To Aide or Not to Aide

Volume 4, Number 1, January 2006

• Supreme Court Ruling Shifts Burden of Proof in Special Ed Cases
• Avoid Detours in Responding to Student-Generated Bullying & Harassment
• Bullying's Role in Related Services Determinations
• Bullying Isn't Limited to Students with Disabilities
• What About "Garden Variety" Fighting?
• OCR Okay with District's Investigation into Aide's Conduct

Volume 3, Number 6, November 2005

• From Regular Bus to "Special" Bus: A Change of Placement?
• Delegating to Contractors: Who's Liable for What?
• The Road to Learning
• Court Acts Where Driver Did Not
• Arbitrator Finds Termination Justified: District "Bent Over Backwards"
• Since You Asked: Policy of Establishing Bus Stops

Volume 3, #5, September 2005

• Clear and Present Danger Justifies Restraint
• The Children of Katrina
• What I Learned from You During Summer "Vacation" Georgia Driver's Transfer May Violate Constitutional Rights
• Must District Provide Aide from Apartment to Bus?
• Driver, District Not Liable for Post-Discharge Disaster
• Since You Asked: Pick-up Time Change Concerns

Volume 3, #4, July 2005

• When Transporters Are Hurt -- Seeking More than Workers' Comp
• The "Other" Special Needs Transportation Law
• The Bus as a Classroom: Maine Case Explores Instructional Time
• Washington State Privacy Act Protects Bus Video
• Since You Asked: Is Getting Students to a Safe Place Enough?  Do I Have an Obligation Once They've Disembarked?

Volume 3, #3, May 2005

• Immunity Case Shows How Broad "Supervision" Can Be
• Conducting Invincible Investigations
• Driver-to-Driver Sexual Harassment Costs District $50,000
• Overcoming Challenges to Transporting Homeless Students
• High Court Eases Standard for Age-Based Lawsuits against Employers
• Since You Asked: Reinstating Employee when Criminal Charges are Pending

Volume 3, #2, March 2005

• Case on Failure to Report Heads to Court
• "it Was the Parent's Fault": Why That Might Not Absolve You
• Reimbursement: Not Whethr, But How Much?
• Threatening Artwork Revisited by Appellate Court
• Disciplining Regular Ed Kids: Tips and Traps
• Since You Asked: Basic "Watch For's" in Creating Bus Stops

Volume 3, # 1, January 2005

• New Idea May Have Minimal Impact on Transporters
• Where’s Joshua? District Delivers Boy to Wrong Address but Mistake Doesn’t Meet Liability Test
• Third Circuit Believes Bullying Must be Addressed Early
• Suppose We Don’t Provide Transportation To Anyone?
• Texas Case Emphasizes Safety
• Louisiana Case Illustrates that It’s Not Always Our Fault
• Since You Asked: Should Drivers Give Out Candy as Reward?

Volume 2, #6, November 2004

• North Carolina Safety Guidelines Pass Constitutional Test
• Hearing Officer Uses Balancing Test in LRE Controversy
• District’s Defense Hasn’t a Prayer, Holds 8 th Circuit Court of Appeals
• Montana Court Flushes Student’s Claims
• Since You Asked: NCLB’s Choice Rules Questioned

Volume 2, #5, September 2004

• What’s Your Policy on Notes? Michigan Case Will Make You Think Twice
• Handbook is Not a Contract, Ohio Appeals Court Tells Fired Driver
• Department of Labor Issues FLSA Regs
• SANITY: A Framework for Investigation and Decision-Making
• Sound Judgment Yields District’s Route Out of Court
• DOL Rules on Bus Drivers as Volunteers
• Are Drivers Responsible for Everyone Who Might Get Hurt?
• Since You Asked: How Should You Handle Parent notes?

• Training Drivers: Burns Best Bets for Avoiding Trouble
• Sovereign Immunity Strikes Student's Claims
• Florida Court Holds Bus Videos are Confidential Records
• Driver "Dissed" by Contractor Charges Discrimination
• Michigan District Prevails In Revoking Curb Service
• Since You Asked: Must Districts Pay Drivers for Time Spent Taking Physicals?

Volume 2, #3 May 2004

• Costly Gay Harassment Suit Holds Lessons for Transporters
• Careful Job Descriptions Pay Off for West Virginia District
• Contractors: Beware Vast Tentacles of Fair Labor Standards Act
• Transportation and No Child Left Behind (Part 2)
• Student's Artwork was "True Threat," Louisiana Court Rules
• Employment Reference Spells Trouble
• Since You Asked: What Should a Transportation Director Do when a Student Hurts Staff Members Regularly

Volume 2, #2 March 2004

• Michigan School District Has Text Book Defense to Retaliation Claim
• Length of Ride Issues Move into Twenty-First Century
• Driver's Defamation claims Flushed by 8 th Circuit
• Driver Falls on Slippery Slope of Worker's Comp Claim
• Transportation and No Child Left Behind (Part 1)
• Disability Claims Fair Despite Cancer and Emphysema
• Since You Asked: What to Do When a Special Needs Student Refuses to Get on the Bus

Volume 2, #1 January 2004

• Homeless Transportation: Under the Hood of McKinney-Vento
• Are You Prepared When Parents Protest Policy?
• Due Process by the Book Beats Employee's Discrimination Claims
• Transition Planning for Disabled Team Presents Detour in School of Choice Decision Framework
• Since Your Asked: Can a School District Require a Contractor to Use a Full-time Video Recording System of the Bus - If the Contractor Refuses

Volume 1, #3 November 2003

• Wannabe Driver's Prior Rape Conviction Doesn't Faze Court
• Approach with Parent Lands Transportation Director in Court
• Snapshots Show Variety, Complexity of Special Needs Transportation
• Age Discrimination Claims Snowball
• Nearly $3 Million Judgment Stands in California (implications for walk paths and bus stops)
• Since You Asked: What Criteria Should Be Used in Deciding Whether to Place an Aide on a Bus?

Volume 1, #2 September 2003

• Contractor Pays $3.15 Million in Settlement of Susavage Case
• Be Careful about Ways You Respond to Employee Complaints
• When Revoking Bus Privileges, Think It Through
• Turn on Your Radar to Avoid These Overtime Traps
• Transportation Director Prevails in Lawsuit Filed by Disruptive Student
• OSEP tells State Special Ed Directors to Communicate with Transporters
• Since You Asked: Are You Responsible for Student's Behavior before They Board the Bus?

Volume 1, #1 July 2003

• Federal Overtime Rules Drive School Bus Operations
• Safety First, Socialization Second in NJ Case
• Two School Bus Sexual Harassment Cases Hit Courts
• Court Agrees Walk Path is Safe; Here's How to Make the Case
• Driver and Monitor Ask About Suppository Medications

Sample Issue Spring 2003

• LRE on the School Bus: California Case Provides Primer for Decision-Making
• Afraid of Saying "No" to Employees? (Accommodation for a Disability)
• Bus Suspensions and the "10-Day" Rule: Avoiding Problems
• Since Your Asked: Should Drivers be Authorized to Conduct Searches?

Volume 3, #2, March 2005

• Case on Failure to Report Heads to Court
• “It was the Parent’s Fault:” Why that Might Not Absolve You
• Reimbursement: Not Whether, But How Much?
• Threatening Artwork Revisited by Appellate Court
• Disciplining Regular Ed Kids: Tips and Traps
• Since You Asked: Basic“Watch-for’s” in Creating Bus Stops