The courts have said a local school district is responsible and accountable for a safe ride. In 2002, a landmark Pennsylvania case (Susavage v. Bucks County Schools, Intermediate Unit No. 22, et al.) defined the responsibility of school districts and Individualized Education Program teams to ensure oversight of transportation services for students with disabilities, as well as proper training of transportation employees, whether employed by the school district or a contracted transportation provider.
The case centered around a young child with significant disabilities who died as a result of being improperly strapped into her child safety seat on the school bus. The failure to adequately train the driver to transport the child safely was a contributing factor in her death.
In the decision, the judge for the US District Court in the Eastern District of Pennsylvania faulted, in part, the school district, the County Intermediate Unit, and the bus company for her death. The settlement is reported to have been $3.6M (inflation adjusted, that is $6.26M in 2024). The decision clarified that when a school district provides transportation or contracts for transportation with a third party, for a child with a disability who has an IEP or for a child with a disability without an IEP, the school district undertakes a “duty of care” for that child during transportation. This term is commonly understood as the duty to protect children from risks of personal injury or harm.
