Five Words Special Education Directors Fear: “Something ... - IAASE

are considered…. The School District has not argued that the transportation
would in any way create a burden, much less an unfair burden, on the School
District or on other children being transported. There is neither evidence nor
argument that going a mile out of the district boundaries would create any
substantial additional expense, disrupt efficient planning of school bus routes,
entail additional time to transport other children, or in any other way
inconvenience other children on the bus route.”
27. Can a school district be liable for a sexual assault between students that occurs on a school
bus?
Yes
A. Lopez v. Metropolitan Government of Nashville and Davidson County, 646 F. Supp. 2d
891 (M.D. Tenn. 2009)
1. District could be liable for sexual assault of student where it knowingly placed
him on a bus with a student known to engage in sexually inappropriate behavior.
2. A 9-year-old student and a 19-year old student with a history of frequently
engaging in sexually inappropriate behaviors were assigned to the same bus
route. Parents of both students requested that the school put a monitor on the bus,
but the school refused. Failure to act generally does not result in a state created
danger but if plaintiff can identify conduct that created or increased the risk of
harm, the district could be liable.
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