Policies, Documentation Crucial When Asked to Do Something You Think is Wrong
FRISCO, Texas — Expanding on her October School Transportation News Thought Leader column, Linda Bluth facilitated a panel discussion at the Transporting Students with Disabilities and Special Needs Conference on “What To Do When A Supervisor Directs You To Do Something You Know Is Wrong?”
The panelists, which consisted of over 200 years of experience in transportation, discussed how to handle situations thoughtfully, cautiously and promptly.
“Is there anyone sitting in the room who was told by their supervisors to do something they knew was wrong?” Bluth asked the audience Nov. 6. A little less than half of the respondents said they have had this experience.
Bluth, a TSD Conference tenured faculty member and expert witness, noted that if you disagree with your supervisors, take inventory of the disagreement. Is the situation unsafe, unlawful or unethical?
Fellow tenured faculty member Alexandra Robinson, former executive director of transportation for the New York City Department of Education and now an industry consultant as well as expert witness, recalled issues with her then supervisor relating to training and the unsafe transportation of students with disabilities. She noted that her integrity was worth more than her job.
Tenured faculty members and consultants Launi Harden and Sue Shutrump also discussed circumstances in which they were instructed to do something that they felt was wrong. Shutrump, a retired supervisor of occupational and physical therapy in Ohio, noted recalled when school administrators would default to “put them in harness” Language during student individualized education program (IEP) meetings. She noted that not only did they use the incorrect nomenclature, they didn’t consider the needs of the student. She said that keeping administrators in the loop and involved in the decision-making process changes the conversation and avoids a one-stop solution for all students.
Bringing Up Concerns
When your supervisor asks you to something that you believe is wrong, how do you bring up concerns? Harden said it’s all about complying with policies and procedures. She added that precedents set become policy.
Shutrump recommended reviewing equipment manufacturer guidelines and to not only review policies in transportation but in the school buildings as well. Harden added that anytime school staff is mentioned in policies and procedures, transportation should be included.
TSD tenured faculty member and legal expert Peggy Burns, a surprise addition to the panel, advised knowing the nature of the risk. “What is the importance of the battle you’re fighting? Are we talking about the safety of a student?” she said.
Bluth outlined the recommendations provided in her article.
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- Promptly request to meet with your supervisor privately and communicate your concern.
- Provide your supervisor with relevant data, written documentation and information to support your findings.
- Suggest a resolution to your supervisor that aligns and supports school district written policies and procedures.
- Try to resolve your differences and concerns, if possible.
The panelists agreed that safety trumps all other considerations. Robinson noted that student transporters think in advance and understand the domino effect a decision can have on other students. For example, change a route by five minutes and what is the impact on other routes? She noted it’s okay for those in the room to ask supervisors to put their request in writing and look for further clarification.
Burns agreed, noting that putting things in writing provides additional clarity and provides documentation.
Shutrump added that policies and procedures for traditional education can be black and white, whereas when transporting students with disabilities, the ‘I’ in IEP can’t be forgotten.
“We must write individual plans that meet the needs of the students,” she said.
Leaning on Resources
Bluth asked how and when one should request assistance if their supervisor insists they do something that they know is wrong.
Burns suggested relying on established policy and procedures to determine what they about the situation, and what the penalty is. While there are people one can talk to, she said what is in writing is very important.
Robinson said when she worked in her role, she provided history on why certain rules were created and why things are done that way. Re-education is key, she said.
Liability of Risk
Bluth continued, asking how to defend oneself against the risk of potential liability. For instance, she said often something is written in an email that is a direct violation.
Shutrump said, “Document, document, document. You can’t document enough.”
She cautioned that everything put in writing can be brought up in a court case. She said every meeting with parents should be documented, even if it’s an IEP meeting. There should be written notice about what occurred in the IEP, who was there, what decisions remained and who supported it. She also cautioned offering short term fixes. If you move forward with something, she said, it will be become precedent.
“If it’s unsafe, don’t ever do it,” she said.
Robinson agreed, noting that one needs to prove there was training.
“Documentation, as good as it is, can also be a subpoena,” she said, adding that files kept on a student or notes can be used in court.
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Burns advised that before one concludes on their own that a request or order is inappropriate, review it with school district counsel. “You may assume something is terrible, but it may not be as terrible as you think,” she said, adding to consider all the facts and make arguments of why certain things would require the situation to be handled differently.
Harden added that the increase in technology, such as cameras on the school bus, could potentially cause a district more trouble if random footage checks are not being done.
“You need to have a random checking policy in place,” she said.
Shutrump also advised having a policy on who has the power to break policies and procedures should the situation arise.
Robinson said student transporters should have emergency procedures. For instance, prior to 2020, no one had a policy on what to do if a pandemic breaks out.
Overall, Bluth advised taking an individual approach. “No matter what, maintain your professionalism,” she said. “Don’t do anything that would jeopardize safe school transportation.
“Each of you are special,” she concluded. “You can make a profound difference in the life of your peers/parents and in the safety of children who are transported today.”
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