communications among stakeholders for successful transportation peggy burns, esq. education...
TRANSCRIPT
DEAR COLLEAGUE:
Communications among Stakeholders for Successful Transportation
Peggy Burns, Esq.
Education Compliance Group, [email protected]
www.educationcompliancegroup.com
Cindy KonomosDirector of Special Education
Independence (MO) School [email protected]
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.