By Peggy A. Burns, Esq.

No Child Left Behind should not leave school transportation in the dust of the thrust toward AYP (Annual Yearly Progress), perhaps the key educational acronym of the 21 st century. Rather, as I wrote in the July issue of Legal Routes , the "legislation has educators concerned that students not leave their brains, attention spans, and attitudes behind at the bus stop." How can you support the focus of all public school administrators' on increasing movement toward AYP?

First, rethink job descriptions - especially that of drivers. Of course, it's a driver's job to get students to school safely. But if you add to that duty the obligation to transport students to school ready to learn, you've pulled along side the essential work of public future.

Second, follow my AYP for school transportation to help you focus some training and planning on students' readiness to learn.

"A" in "AYP" is for "Avoid Situations that Interfere with Learning"

Harassment by other students, by legal definition, fundamentally alters the educational experience. And, though bullying may be a time-honored tradition in some places, increasingly , state laws and community standards have made it illegal and/or unacceptable.

Drivers have control of students who ride the bus, and must notice, intervene in and report to appropriate school personnel any incidents of harassment or bullying on the school bus.

"Notice" doesn't mean your drivers are required to have eyes in the back of their heads, but it does mean they need to take seriously incidents they personally observe or are reported to them by students and parents. "Intervention" is, for practical purposes, the opposite of tolerance. Drivers must react rather than be passive to harassment or bullying. Interventions may include warnings, discipline or even simple explanation, but they must send the message that drivers won't ignore verbal or physical abuse of this sort. On the other hand, remind drivers that they can't tolerate inappropriate responses from victims, like fighting back. "Report" is the follow-up action that drivers must take where incidents are serious. They need to follow district policy in determining who needs to be advised of the incident, and how.

Where special needs kids are concerned, the failure of the school district to properly address harassment and bullying is increasingly seen by hearing officers and courts as a failure to provide a "free appropriate public education" - FAPE. The connection between intolerance of harassment and bullying and the "real" AYP is clear.

Yodel, Don't Yell

OK, it's hokey , but I challenge you to find a better "Y" verb! Drivers' interaction with students can make a difference. Drivers who are perceived as being mean to students can find themselves in court, or at least out of a job. As the first and last representative of the school system, drivers can profoundly affect students' self-esteem and impressions of school. Brian Duchow, a former Milwaukee school bus driver, pleaded guilty on May 18 to child abuse, after he was caught on tape threatening a 9-year-old passenger with Down's syndrome. That's the extreme. But more subtle offenses can also hurt children. And the opposite is true. Research has long shown that caring adults can have a positive influence on a student's chances for school success.

What influence do your drivers have? How does your system contribute to the positive influence you want? Many of you know the story of the "Equal Opportunity Choker" bus driver who evaded a discrimination charge because he choked disabled and non-disabled students alike. The district, in contrast, was responsible for discrimination because it didn't share the student's Behavioral Intervention Plan with the driver. Do you facilitate information sharing with drivers? Do you train drivers with deaf passengers about cuing into visual factors? Do you train in communication methods to use with students and parents?

The January-February 2003 issue of "Career Opportunity News" noted that "the rising number of students and the emphasis on getting them to class safely will require more adults to serve as school bus drivers, aides, and monitors." In your anxiety about filling this need, are you assuming too much about successful applicants' student and parent management style?

Promote Progressive Policies and Protocols

This third component of AYP emphasizes implications for directors, rather than drivers. Issues like shortened school days and length of rides never die, but take on new importance. Pay close attention to how accommodations to your needs may detract from students' needs. Abbreviation of the school day as a result of bus scheduling issues may interfere with individual student success. Tired students, weary from a prolonged ride, may have additional learning challenges.

Thinking ahead is critical. Whether it is soliciting information about field trip schedules at the beginning of the school year so that you can accommodate students with disabilities who need special transportation, or planning for offered transfer to a higher performing school under NCLB, you must work closely with educators. Have back-up plans for addressing absenteeism in your ranks and mechanical problems with your fleets. Stress that drivers can't make their own rules when it comes to drop-off points and times.

A Strategy for Success
You can count on your awareness of the relationship between the bus ride and academic success scoring points with educators. Tying the need for additional resources to student needs is likely to be an effective strategy when you can document the logic of your rationale. The school transportation department can contribute to student achievement by focusing on the access that yellow bus provides to AYP.

Peggy Burns is the in-house counsel to Adams Twelve Five Schools in Broomfield, Colo. She can be reached at (303) 604-6142.