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Legal Developments
The field of pupil transportation is often the subject of litigation. Listed here are some of the more important cases and rulings from state and federal courts in recent years, including several analysis of transportation-related cases by school attorney Peggy Burns.
Peggy Burns is in-house counsel with Adams 12 Five Star Schools in Colorado . A former high school English and forensics teacher, and licensed attorney for twenty-four years, Burns has devoted the past seventeen years specifically to legal issues affecting public education. For the last ten years, Burns has focused significantly on legal issues related to both special education and school transportation. She has trained, and served as a consultant to, educators and pupil transportation personnel in school districts in a number of states, and has presented at many state, regional, and national conferences. Burns has served on the National Board of Advisors of the National Conference and Exhibition on Transporting Students with Disabilities for the past six years, and is a Tenured Faculty Member. She is also a contributing editor for School Transportation News. She is a member of the Special Education Committee of the National Association for Pupil Transportation, and President of the Colorado Council of School Attorneys. She is also the founder of Education Compliance Group Inc., an organization committed to addressing legal compliance issues in education.
Articles are listed by the month and year. If they appeared in School Transportation News they are listed in the left hand column by month. Articles or cases that did not appear in publication in the magazine are displayed without an STN Issue month.
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| February 2007 |
Through the Rear View Mirror: 2006 in Review (part 2)
by Peggy Burns, Esq. |
| January 2007 |
Through the Rear View Mirror: 2006 in Review (part 1)
by Peggy Burns, Esq. |
| February 2006 |
"Through the Rear View Mirror: 2005 in Review" (part 2)
by Peggy Burns, Esq. |
| January 2006 |
"Through the Rear View Mirror: 2005 in Review" (part 1)
by Peggy Burns, Esq. |
| March 2005 |
"In the Review Mirror: A Review of 2004 Pupil Transportation Cases," (part 2) by Peggy Burns, Esq. |
February 2005 |
"In the Review Mirror: A Review of 2004 Pupil Transportation Cases," (part 1) by Peggy Burns, Esq. |
August 2004 |
"Drive Toward Student Achievement: Burns' "AYP" for School Transportation," by Peggy Burns, Esq. |
February 2004 |
"In the Rearview Mirror: A Review of the 2003 Pupil Transportation Cases," (part 2) by Peggy Burns, Esq. |
January 2004 |
"In the Rearview Mirror: A Review of the 2003 Pupil Transportation Cases," (part 1) by Peggy Burns, Esq. |
November 2003 |
"Would an Audit of Your Bus Stops Reveal a "Dangerous Condition?" by Peggy Burns, Esq. |
April 2002 |
"Arizona Supreme Court Refuses to Review Bus Stop
Case," by Peggy Burns |
March 2002 |
"Pennsylvania Court Raises the Bar in Harness Case," by Peggy Burns, Esq. The author examines the precedent-setting Susavage Case. |
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Atlas Transit, Inc. et.al v. Milwaukee Public Schools
Wisconsin Appeals Court concludes 1,400 driver names
must be released. November 2001 |
August 2001 |
"Washington State Case A Warning to School Transporters," by Peggy Burns, Esq. |
| January 2001 |
"In the Rearview Mirror: Looking Back at Legal Developments Affecting School Transportation in 2000"
(part 2), by Peggy Burns, Esq. |
| December 2000 |
"In the Rearview Mirror: Looking Back at Legal Developments Affecting School Transportation in 2000,"
(part 1), by Peggy Burns, Esq. |
| November 2000 |
"Avoiding Liability for Accidents that Occur off the Bus," by Peggy Burns, Esq. |
STN EXPO 2000
(Aug. 2000) |
"Legal Developments in Special Needs Transportation: The Year-1999-in-Review," (part 2). A workshop presentation at EXPO99 by Peggy Burns, Esq. and Dr. Linda F. Bluth. |
STN EXPO 2000
(Aug. 2000) |
"Legal Developments in Special Needs Transportation:
The Year-1999-in-Review," (part 1). A workshop presentation at EXPO99 by Peggy Burns, Esq. and Dr. Linda F. Bluth. |
| July 2000 |
"New York School Bus Case Raises Significant Issues,"
by Peggy Burns, Esq. |
| November 1999 |
"Turning the Corner to a New Millenium," by Peggy Burns, Esq. takes a look back at legal developments affecting school transportation in 1999 |
| April 1999 |
"Supreme Court Decision to Have Wide Impact on Special needs Transportation," by Peggy Burns, Esq. The author discusses the U.S. Supreme Court ruling in the case of Cedar Rapids Community School District v. Garret F that students with disabilities who need special medical care during the school day are entitled to it at public expense, so long as it does not require a doctor. |
| August 1999 |
"District Wins Stunning Victory in Schools of Choice Transportation Case," by Peggy Burns, Esq. The author provides an analysis of the Timothy H v. Cedar Rapids Community School District case. This important case involves special needs and choice transportation. |
| February 1999 |
"Court Strikes Down Drug Testing of Non-Driving Mechanics," 19 Solid Waste Mechanics v. City of Albuquerque. School attorney Peggy Burns analysis 10th Circut Court of Appeals ruling that may require district-employed, non-driving school bus mechanics to undergo drug testing. |
| January 1999 |
"In the Rearview Mirror: Looking Back at Legal Developments Affecting School Transportation in 1998," (part 1) by Peggy Burns, Esq. The author reviews seven important state school bus court cases. |
| December 1998 |
"In the Rearview Mirror: A Look Back at Legal Developments Affecting School Transportation in 1998,"
(part 2), by Peggy Burns, Esq. |
| March 1998 |
When is Transportation a Related Service? Another Court's Point of View by Peggy Burns, Esq. The author analysis a U.S. District Court Rule in South Dakota in the case of Malehorn v. Hill City School District, that asked and aswered the question: "When is transportation a related service?" |
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Cedar Rapids Community School District v. Garret F |
| November 1996 |
High Court Rejects Rowinsky Supreme Court turns down school bus sexual harassment complaint. (STN 11/96) |
| November 1996 |
"Rowinsky v. Bryan Indespendent School District," by Peggy Burns, Esq. The author examines the potential impact of a case involving peer to peer sexural harassment onboard a school bus, following U.S. Supreme Court refusal to hear 5th Circuit Court of Appeals ruling. |
| June 1995 |
"Missouri et. al. v. Jenkins et. al," A U.S. Supreme Court case settling an 18-year-old school desegregation case in Kansas City, Missouri. June 1995 |
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