RE: Re: Update on Transportation concerns

[Guest guest]

I’d reply to him and cite the exception to Sovereign

Immunity when the educator, or administrator, is responsible for abuse or gross

neglect. Putting a kid in a van unattended that you’ve been told

opens vehicle doors sounds like gross neglect to me. I don’t have

the legal cite, but maybe someone on the list will. If not post on the

list associated with www.topaa.org

Tonya

From:

Texas-Autism-Advocacy

[mailto:Texas-Autism-Advocacy ] On Behalf Of

Carlson

Sent: Tuesday, December 09, 2008 3:22 PM

To: Texas-Autism-Advocacy

Subject: Re: Update on Transportation concerns

The

superintendant replied to me citing the laws. I am appalled that the

school can legally transport children in a car or van as long as there are no

more than 8 to a van, and that they are not subject to the bus laws.

Vehicles are an exception to the immunity laws of schools if it is found an

accident was due to negligence of the school employee. He is refusing to

put Tristan on a bus. My daughter thinks his emails are rude and

heated. He may be glad that he can cite the law in their favor because

numerous times we have done it to advocate for Tristan. I realize that an

option would be for us to take him and pick him up from school and they might

have to pay us to do it, but it would be a hardship on me as I live outside of

town. My daughter works out of town so she leaves too early and returns

too late to do it.