Policy 5.186

Student Transportation Conduct

1. General Rules of Conduct

1. A student riding on a district school bus or any form of transportation provided by the district, to include Palm Tran or Tri-Rail, are subject to this policy.

2. School transportation is a privilege, not a right. This privilege can be denied for recurring unacceptable behavior.

3. Disciplinary actions listed in the matrices for Policy 5.1812, Operational Procedures for Incidents and Actions for Elementary Students, and Policy 5.1813, Operational Procedures for Incidents and Actions for Secondary Students, which occur on district transportation will be handled as stated in the applicable policy.

2. Bus Conduct

1. All students should assume they are being videotaped while riding a bus. These tapes may be used for disciplinary purposes or referral to law enforcement.

2. The bus driver is in charge of the bus and passengers. Passengers shall obey the driver.

3. The school bus driver, in cooperation with the principal, may assign students seats on the bus to promote good order. An approved seating chart shall be on file in the school administrative office.

4. Students shall properly wear seat belts in buses equipped with them.

5. Students shall not bring on board the school bus any item which may be disruptive or interfere with the safety of students. These items include, but are not limited to:

1. Glass containers of any kind are prohibited.

2. Batons, drum sticks, and tennis rackets shall be permitted on school buses only when they are in proper carrying cases.

3. Sharp objects, balls, bats, roller skates, skateboards, or cutting instruments of any kind, including pocket knives, shall be prohibited.

4. Any large or bulky item which may interfere with the proper seating of students or evacuation of the school bus. These items include but are not limited to:

1. Large or bulky musical instruments such as tuba/sousaphone, baritone, baritone saxophone, tenor saxophone, cello, string bass, french horn, guitar, trombone, bass clarinet, bassoon, drums, or electronic keyboards;

2. Balloons;

3. Athletic equipment.

6. Students shall remain seated at all times while the school bus is in motion.

7. Students shall not be permitted to sit in the aisles or in the bus stepwell, or in any way which shall block aisles or emergency exits.

8. No portion of a student’s body shall be outside the bus windows at any time.

9. Students shall not distract the driver with loud conversation while the bus is in motion.

10. Students shall not eat, drink, or smoke on the bus.

11. Students shall not throw any items within the bus or out of the bus windows. The custodial parent/guardian shall be liable for damage caused to other vehicles or property by their child’s violation of this rule and may be subject to criminal charges.

12. Students shall not mark, deface, or cut bus seats or otherwise cause damage to the bus. The custodial parent/guardian shall be held liable for any vandalism attributed by their child and shall be required to make restitution.

13. Students shall not display signs from the bus.

14. No obscene language or gestures by students shall be tolerated on the bus.

15. Students shall give their proper name to the school bus driver when requested.

16. Students shall ride only their assigned bus and shall not board or depart the bus at any stop other than their regularly assigned stop. Emergency changes must be approved, in writing, by the school principal/designee.

17. Any student who commits the following safety violations while riding a bus will receive a ten (10) day suspension from the bus for the first violation and will lose transportation privileges for the remainder of the school year for the second violation:

1. Opening a school bus emergency exit door while the bus is in motion;

2. Opening a school bus emergency door and exiting the bus when the bus is stopped unless directed by the school bus driver in an emergency or during an emergency evacuation drill.

3. Bus Stops

1. Students shall stand off the roadway while awaiting the bus.

2. Parents shall be responsible for their child’s behavior prior to the arrival of the bus and after departure of the bus.

3. Students must be at the bus stop five (5) minutes before the scheduled arrival time.

4. Students shall cross the roadway always in front of the bus.

5. No obscene language or gestures by students shall be tolerated at the bus stop.

6. Disciplinary actions for infractions which occur at a bus stop as listed in the matrixes for Policy 5.1812, Operational Procedures for Incidents and Actions for Elementary Students, and Policy 5.1813, Operational Procedures for Incidents and Actions for Secondary Students, will be handled as stated in the applicable policy. For example, students who bring firearms or sell drugs at a bus stop may be recommended for expulsion.

7. The mere fact that a student can be disciplined at a bus stop does not give rise to liability by the district nor is it intended that the district is to be responsible to supervise at a bus stop.

4. Suspension from Transportation.

1. The safety and welfare of transported students is the concern of every bus driver and school administrator.

2. Suspension from district transportation does not negate the student’s obligation to attend school. It is the responsibility of the custodial parent/ guardian to provide transportation during a suspension from district transportation.

3. Disciplinary action for infractions which occur on a school bus, Palm Tran, Tri-Rail, or other district provided transportation, will be in accordance with Policy 5.1812 or Policy 5.1813.

4. Minor Infractions.

1. School bus drivers shall make reasonable efforts to deal with minor infractions of the rules of student conduct. The same form used to report disciplinary infractions for Policy 5.1812 or Policy 5.1813 shall be used by bus drivers.

2. In cases of repeated minor misconduct incidents, the student shall be reported to the principal/designee.

3. School bus drivers shall complete or assist in completing a report form which shall be submitted to the principal/designee.

4. The principal/designee shall determine appropriate disciplinary measures for the student’s actions based upon the driver’s report and any other input deemed necessary from other persons or the student involved.

5. The custodial parent/guardian of a student whose district transportation conduct has been deemed unsatisfactory shall be notified of the disciplinary action to be taken against the student.

6. Disciplinary measures include but are not limited to:

1. Warning/Assigned Seats/Probation.

1. Students and the custodial parent/guardian shall be advised that the student’s misbehavior is a serious matter and will not be tolerated.

2. They shall also be advised that further occurrences of misconduct may result in suspension of the student’s bus riding privileges.

3. Alternative discipline actions may also be considered.

2. Suspension from the Bus.

1. The principal/designee may elect to suspend the student’s transportation privileges, when prior warnings or alternative discipline have failed to result in an improvement in the student’s behavior, or when they feel the circumstances warrant it.

2. The principal/designee may suspend transportation privileges for up to a maximum of ten (10) days at a time.

5. Major, Violent, Blatantly Unsafe Behavior

1. Pursuant to § 232.28, Fla. Stat.: "School bus drivers shall not be required to operate a bus under conditions in which one or more students pose a clear and present danger to the safety of the driver or other students, or the safety of the bus while in operation ... In the case of a student having engaged in violent or blatantly unsafe actions while riding the bus, the school district shall take corrective measures to ensure, to the extent feasible, that such actions are not repeated prior to reassigning the student to the bus."

2. Students who have engaged in violent or blatantly unsafe actions while riding district transportation may be suspended up to ten (10) days from district transportation or until a parent conference has been conducted.

3. Depending on the nature of the student’s misconduct and the outcome of the parent conference, the principal/designee may elect to reinstate the student’s transportation privileges with conditions designated to ensure proper conduct is observed.

6. Appeal of Disciplinary Action

1. The custodial parent/guardian may appeal a bus suspension or other disciplinary action arising from misconduct on a school bus by contacting their child’s school principal.

2. The custodial parent/guardian appealing a disciplinary action must participate in a conference with the principal/designee, and a representative from the transportation department, prior to disposition of the appeal request.

3. Students may be permitted to ride district transportation pending the outcome of a transportation suspension appeal provided there is no recurring misconduct.

4. A student transferring from one school to another within the district will be held accountable for accumulated bus incident reports from the previous school.

5. It is noticed that any violation of any board transportation policy, may be grounds for disciplinary action by the district and may also result in criminal penalties being imposed.

5. IDEA & Section 504

1. The School Board of Palm Beach County recognizes that the student transportation policy must be construed to be consistent with the Individuals With Disability Education Act ("IDEA") and Section 504 of the Rehabilitation Act ("Section 504").

2. Students eligible for services under the IDEA or Section 504 will be disciplined in accordance with these Acts and are governed by those School Board policies which specify that they apply to students covered under IDEA and 504.

Pages 5.186(a)-5.186(f)