Bus Driver's Harassment of Special Ed. Student "Undisputed," Says Court

If you have a question or concern about special education law, school administration, federal standards, or the overall rights of a student, please feel free to call the expert education law attorneys at Maya Murphy, P.C. in Westport today at (203) 221-3100 .

In the case of Varley v. First Student, Inc., a bus driver employed contracted with a regional school district sued for allegedly wrongfully disciplining and discharging her from her employment. While the driver was not actually employed by the regional school district, she argued that their discipline and discharge from areas of her employment were a tortuous interference. A claim for tortious interference with contractual relations requires the driver to establish: (1) the existence of a contractual or beneficial relationship; (2) the regional school district’s knowledge of that relationship; (3) the school district’s intent to interfere with the relationship; (4) the interference was tortious; and (5) a loss suffered by the driver was caused by the district’s tortious conduct. The driver must satisfy her burden of proving each and every element of the claim. The regional school district moved for summary judgment, a preemptive ruling by the court in favor of one party over the other in the absence of a genuine issue of material fact.

The RSD was not the employer under statutory interpretation principles because the driver was directly employed, paid, and supervised by the actual employer (AE), she never received benefits from RSD, and there was no express or implied contract for hire with the RSD. The driver's tortious interference with contractual employment relationship claim also failed, as the RSD had a legitimate justification for its communications with the AE regarding the driver's conduct: “The [RSD] submits, and the [driver] does not dispute, that it received complaints that the [driver](1) alienated a special education student when assigning seats on her bus, (2) retaliated against another student with a disability, (3) was observed screaming at students on her bus, (4) provided candy to students without their parents' permission, and (5) inquired about providing Christmas gifts to certain parents. It also is undisputed that the [driver’s] conduct with respect to [the special education student] caused multiple students to become distraught and require counseling with school officials.”

Summary judgment was properly granted to a regional school district (RSD) in a bus driver's action, alleging wrongful discipline and discharge that arose from the RSD's discipline of the driver, as the RSD was not the driver's employer for purposes of her claim under Connecticut law and policy. “This case concerns the transportation of children to and from school on a daily basis, a quintessential matter of public safety” said the court. “Society demands no less than the utmost attention and diligence on the part of public institutions, like the [RSD], to properly care for those young citizens in their custody.”

If you have a child with a disability and have questions about special education law, please contact Joseph C. Maya, Esq., at 203-221-3100, or at JMaya@mayalaw.com, to schedule a free consultation.

Source: Varley v. First Student, Inc., 158 Conn. App. 482, 119 A.3d 643, 2015 Conn. App. LEXIS 256, 40 I.E.R. Cas. (BNA) 694 (Conn. App. Ct. 2015)