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 Doe v. Talibi, a bus monitoring company (BMC), filed a motion for summary judgment in an action by a conservator for a special education student. A motion for summary judgment is a request for a court’s preemptive judgment in favor of one party over another. The conservators claim arise from her alleged sexual assault and physical harm that occurred by a school bus driver while on the way home from a public high school.

The BMC provided monitoring services on all high school buses that carried special education students. While on the way to the student's home, she went into the driver's private residence to use the bathroom. The company's monitor, who was on the bus at the time, did not prevent the student from leaving the bus or report the incident. The student was allegedly assaulted by the driver, and she filed suit. She alleged claims against the BMC of vicarious liability, negligence, and recklessness, and it sought summary judgment. The court held that there were genuine issues of material fact that precluded summary judgment. It was unclear whether the relationship between the bus monitor and the BMC and the student involved a custodial relation between an adult and a child that gave rise to a duty of care. Further, the bus monitor and the BMC could and should have foreseen the harm suffered by the student if they failed to exercise due care to protect her from third parties. Similarly, the BMC should have foreseen the harm from the failure to properly select and train the monitors. Lastly, the conduct indicated a reckless disregard for the safety of the student.The court denied the summary judgment motion.

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: Doe v. Talabi, 2009 Conn. Super. LEXIS 2126 (Conn. Super. Ct. Aug. 7, 2009)