PUBLICATIONS
NEW!
Defensible Decisions about Transporting Students with Special Needs: Lessons Learned from Legal Disputes
By Peggy A. Burns, Esq. and Lisa J. Hudson. Can be ordered now at a Special Pre-Publication 20% Discount. Available for shipping 8/27/10. LEARN MORE
LEGAL ROUTES™ NEWSLETTER
“Your roadmap to pupil transportation law and compliance.” This bi-monthly newsletter offers analysis you can understand, experience you can benefit from, and a foundation you can depend on for the critical decisions transportation officials must make. LEARN MORE
SCHOOL BUS STOPS: A SAFETY GUIDE FOR TRANSPORTERS
The "Bus Stop Book," co-authored by Peggy Burns, Lenny Bernstein & Jim Ellis, is now available direct from Education Compliance Group, Inc. Here's sound, practical advice for school districts and bus companies about how and where to place school bus stops. LEARN MORE
VIDEO IN-SERVICES
FOR SUPERVISORS
"Trends & Trials: School Transportation Law, 2010 Update"
This video in-service for supervisors brings the information you need to you – when you need it! New legal and compliance information about recent legislation and cases. LEARN MORE
VIDEO TRAINING PROGRAMS
FOR DRIVERS
"The Road to Compliance for Special Needs Drivers"
This video training program will provide the foundation for the essential functions performed by drivers of students with disabilities. Discussion guide and driver handout included. LEARN MORE
"PUTTING THE BRAKES ON HARASSMENT: TRAINING FOR SCHOOL BUS DRIVERS"
This video training program will help your drivers recognize and address student-to-student harassment when it happens on their watch. A trainer's discussion guide and handout for drivers is included. LEARN MORE
"STEERING CLEAR OF LIABILITY: TRAINING FOR SCHOOL BUS DRIVERS"
This video training program drives home the concern of
unauthorized stops and schedules! Train drivers to avoid legal
detours created when a driver
doesn't follow the rules. LEARN MORE
"CONFIDENTIAL RECORDS: TRAINING FOR SCHOOL BUS DRIVERS"
The only video training program about confidentiality created for school bus drivers! This award-winning program meets federally-mandated prerequisites for drivers to get the information they need. LEARN MORE
Resources
NEW: Model letter to school district administrators
Free Downloads by Education Compliance Group, Inc.
Links to Compliance Websites and Important Documents
Emergency Planning and Prevention
Also see documents included on Point of Law page
Free downloads by Education Compliance Group, Inc.
-
Where Does It Say That? (download PDF)
Frequently asked questions, with answers and citations - Strategic
Thinking Analysis (download
PDF)
7 questions to help you think about the legal detours you face.
Links to Compliance Websites and Important Documents
Human Resources Compliance
- Revised Final Regulations Under the Family and Medical Leave Act /
Department of Labor / Webpage
The Department of Labor’s webpage dedicated to the Family and Medical Leave Act (FMLA) final regulations contains helpful information for employers. Specifically, the website contains a copy of the regulations, fact sheets on the non-military and military requirements, revised FMLA posters, new and revised medical certification forms, and question and answer documents on the military and non-military FMLA. The website also contains information on the new military leave amendments generally.
- Information on compliance assistance with respect to the Fair Labor Standards Act, Family and Medical Leave Act, and other federal laws related to the workplace. www.dol.gov/elaws
- What Employers Need to Know about DOT Drug and Alcohol Testing
/Department of Transportation / Handbook (download
PDF)
The Department of Transportation (DOT) has created a handbook for employers of safety-sensitive workers, such as school bus drivers, who must have DOT drug and alcohol tests. The Handbook includes information on: (1) DOT program implementation and regulations; (2) identifying employees needing to be tested; (3) program policies and assigning responsibilities; (4) selecting service agents; (5) employee and supervisor education; (6) drug and alcohol testing requirements; (7) employer actions when employees violate the rules; (8) record keeping; and (9) program compliance and inspections. - Equal Employment Opportunity Commission website - www.eeoc.gov
Information on all aspects of employment discrimination, with facts and guidance, laws and regulations, in a very accessible format.
Sexual Harassment
- The Office for Civil Rights Revised Final Sexual Harassment Guidance
- The Dear Colleague Letter from the Assistant Secretary for Civil Rights, US Department of Education
Sharing Information Legally
- Section-by-Section Analysis of the FERPA Regulations & Dear Colleague Letter The Department of Education (ED) has published a 15 page document that summarizes the changes in the new Family Education Rights and Privacy Act (FERPA) regulations. The document discusses every major issue in the new regulations. It compares what the current regulations require with regard to each issue to what is required by the final regulations. In some instances ED provides examples of how the new regulations apply or explains what it was trying to allow or accomplish in the new regulations. Where applicable, ED describes how the final rules are different from the proposed rules. In a similar Dear Colleague Letter, ED describes some of the most important changes to the final regulations. Analysis Letter
- Comprehensive Information about Family Educational Rights and
Privacy Act (FERPA) (including link to new FERPA Regulations)
- www.ed.gov/policy/gen/guid/fpco/ferpa/index.html
The real scoop on privacy laws, with useful information for both schools and parents. - Another Link to the New FERPA Regulations – December 9, 2008 - (download PDF) - See pages 7814-7815 for specific reference to school bus drivers.
- NASDPTS Website – Peggy Burns’ March 2003 Information
Report on sharing students’ medical and health information:
Sharing Student Medical and Health Information
Peggy Burns Information Report on sharing students' medical and health information. - Link to August 22, 2003 Letter from Office for Special Education Programs to State Directors of Special Education regarding provision of information to transportation professionals: http://adhd-add.info/oseptransportationltrs2.html
Students with Disabilities
- NEW: BEST PRACTICES
Lowering Liability Q&A: Service Animals in School Settings
Useful and current information from PACE (Property and Casualty Coverage for Education, an Oregon self-insurance pool entity formed by the Oregon School Boards Association and the Special Districts Association of Oregon. - NEW FROM THE FEDS
Q’s & A’s about Transporting Students with Disabilities (download PDF) - IDEA Website
IDEA website exploring discipline information from 2006 special education regulations. Full of information of value as you collaborate with the special educators. - FAQ’s from the Office for Civil Rights about Section 504 of the Rehabilitation Act of 1973
Broad-based information about the requirements and protections of this important disability-related law.
Transition Services
What are Transition Services? Where the Individuals with Disabilities Education Act’s (“IDEA”) goals are equality of opportunity, full participation, independent living and economic self-sufficiency, transition services are clearly part and parcel of a school district’s obligations to drive toward these results for kids. IDEA is silent on implementation specifics of transition services. Transition programming requires true outside-the-box thinking from all involved in planning and implementation.
Congress made significant changes in the definition of “transition services” in the 2004 reauthorization of the Individuals with Disabilities Education Act. This “coordinated set of activities for a child with a disability” must be a “results-oriented process,” that is focused on improving the academic and functional achievement of the child with a disability to facilitate the child's movement from school to post-school activities. IEP-team decision-making will be based on the individual child’s needs, taking into account the child's strengths, preferences, and interests. Placements can include instruction, related services, community experiences, the development of employment and other post-school adult living objectives, and, when appropriate, acquisition of daily living skills and functional vocational evaluation.
These websites, though broad in scope, will be useful to you as you strive to understand your responsibilities in this important area of service to students with disabilities:
- National Center on Secondary Education and Transition
www.ncset.org
(a first stop for learning about the “big picture” of transition) - VR Transition Study
www.vrtransitionstudy.org
(draft final report on transition services with implications for school transporters)
- United We Ride
www.unitedweride.gov
(offers a variety of resources on access and mobility) - Easter Seals Project Action
projectaction.easterseals.com
(see especially Frequently Asked Questions and links to other resources) - Meeting Transportation Needs of Youth and Adults
(download PDF)
(fine discussion of the importance of transportation in preparation for post K-12 living)
Emergency Planning and Prevention
- NIMS Implementation Activities for Schools
and Higher Education Institutions / Department of Education
/ Online Tools
The Office of Safe and Drug-Free Schools (OSDFS) has announced the release of online tools to help school districts implement the National Incident Command System (NIMS). While certain NIMS implementation activities are required for districts that receive federal preparedness funds, OSDFS recommends that all districts review and implement these activities because they are key steps any district can take in advance of an emergency, and may also formalize many activities districts are already conducting. The online tools include an interactive activity-by-activity description of NIMS implementation, NIMS training for key education personnel, and frequently asked questions about NIMS activities for schools. - Office of Safe and Drug-Free Schools Emergency Planning
Emergency planning is part of the Department's Lead and Manage My School series, a group of Web sites designed to support administrators. It offers emergency planning resources, grants, publications, and more. Includes excellent resources about student privacy rights and the schools in the context of emergency planning. www.ed.gov/admins/lead/safety/emergencyplan/index.html - Readiness and Emergency Management for Schools (REMS) Technical Assistance (TA) Center
The REMS TA Center Web site offers additional school-based resources addressing emergency management through its four phases. Resources include three major publications series, archived training materials, referral links and the opportunity to pose direct technical assistance questions. Includes PDF, Missing Children: Getting Home After Disaster Strikes. rems.ed.gov - Practical Information on Crisis Planning:
A Guide for Communities and Schools
The U.S. Department of Education has developed this guide to provide schools and their communities with a general introduction to emergency management as it applies to schools and basic guidelines for developing school emergency management plans based on the four phases of emergency management. Accessible at Practical Information on Crisis Planning (download PDF), or through the Department of Education's Publications Center (ED Pubs) by calling (toll free) 1-877-433-7827 or by e-mailing edpubs@inet.ed.gov. The publication ID is ED003416P. - The Safe School Initiative
The U.S. Department of Education and the U.S. Secret Service collaborated to produce two reports and an interactive CD-ROM that outline a process for identifying, assessing and managing students who may pose a threat of targeted violence in schools, as well as provide ideas for creating safe school climates.
Threat Assessment in Schools: A Guide to Managing Threatening Situations and to Creating Safe School Climates
Final Report and Findings of the Safe School Initiative: Implications for the Prevention of School Attacks in the United States
Safe School and Threat Assessment Experience: Scenarios Exploring the Findings of the Safe School Initiative (Interactive CD-ROM).
The reports are accessible at ed.gov/admins/lead/safety/training/responding/crisis_pg34.html, and the CD may be ordered from the Department of Education's Publications Center (ED Pubs) by calling (toll free) 1-877-433-7827 or by e-mailing edpubs@inet.ed.gov. The publication ID is ED002738C. - Federal Web Locator
http://www.usa.gov/Agencies.shtml
List of all government agencies with websites - Cornell Legal Information Institute
www.law.cornell.edu:80/topics/employment_discrimination.html
Provides an overview of employment discrimination with links to federal and state laws and other resources available through the Internet. - The Justice Department website - justice.gov/crt/edo/faq.htm
The Justice Department has enforcement authority for a number of federal statutes, although only after a referral from another government agency. If OCR, after investigating a charge of discrimination against a school, school district, or college, determines that a violation of the law has occurred and conciliation efforts are unsuccessful, the Department of Education may refer the charge to the Department of Justice. The Department of Justice may, within its prosecutorial discretion, initiate litigation. This is a useful website with Q’s & A’s about a number of these federal statutes.