AIKEN - Aiken County Public Schools are denying legal liability for leaving a special needs student on a bus for several hours last August.
Last Friday, lawyers for the school district filed a response to a civil action suit by April Williamson, the mother of the 3-year-old girl, in the Aiken County Clerk's Office. School system officials admit that the girl was left at a school bus transfer point on Aug. 17 - the first day of school - for three hours. The bus driver was terminated in September despite a clean record, according to court documents.
"She was asleep and unharmed within the original bus she was riding," according to the school district's response. "It was an honest mistake or oversight due to some confusion on the first day of school."
Williamson contends her child was left on the bus six hours "without food, water or a bathroom," according to the lawsuit. She is seeking actual and punitive damages for the pain and suffering she says her daughter experienced while strapped in an unventilated school bus.
Williamson also maintains the mistake likely happened due to the absence of a bus monitor on the special needs bus. Bus monitors count the number of children on a bus, ensure safety and confirm that all students have exited the bus at the end of the route.
According to the answer to the civil action lawsuit, the school system had employed a second employee on some special needs buses in the past; however, due to "current budgetary and economic constraints" there were not funds available for an additional staff member to help with the students.
"Both the school district and school bus driver involved sincerely regret that this incident occurred," the document reads.
The school system offered an apology to the student and Williamson, but denies any legal or monetary liability that the lawsuit claims.
Sounds like mom didn't know the kid was even missing so she should actually be the one investigated. Some parents don't appreciate a free education and bus ride, they use, use, use, and then they decide to sue at the first opportunity.
If a parent leaves a child in a car, they are taken by DFCS but I guess the school is exempt for taking the responsibility for such a young child? If the first day of school was so hectic it would make sense to be more aware of making sure everyone is off the bus by making a simple check thru the bus. It would have taken about 5 minutes or less!! Had it been your child-you'd all feel differently. The school is responsible the minute that child is on the bus, poor little thing.
Go slip and fall on a wet floor in Wal-mart. There's a law suit since you need money so bad!
Why is this child being tended by the school system? She's 3. What's the special needs of the child? No parents? Subsidy programs are the major social problem with this country .... and the economy. Their costs exceed all other state and federal expenditures combined.
Two questions
1. What the hell is a three year old doing riding a school bus and going to school?
2. Bus monitor! How hard is it for the driver when they park the bus to walk to the back of the bus and look in every seat. It might take 30 seconds to walk to the back of the bus and back
I agree with most of you guys. I am a previous special ed teacher. It was also my duty--yes I took it upon myself sometimes even when it was not my turn to do it....get the kids off and onto the bus. I would check and count myself, a lot of times, even when the bus driver already counted, I double checked. I knew how many went onto that bus, and I knew how many were supposed to get off when it was time to get them off/out. So why couldn't that bus driver ? That was her job! There ARE 3 yr. olds in school now..they are in special ed preschool...they CAN start at that age. But if I was a parent of a child that young, I definitely would drive her/him myself...to school, even if it meant finding a different job to do so. And the mother in this situation should have missed the child before 3-6 hrs. after she was supposed to get off the bus. Shame on her! Yes, she is also just trying to be difficult and get $$. The parents of the special ed kids are very hard to deal with. I guess they have a secret guilt trip or something. ( not that they need to of course ).
Yes, the school district is responsible for this negligence (In Loco Parentis), and they will be held responsible when the case goes to court. Unless I am missing something here, castigating the parent for not noticing the child was missing/late is not appropriate since the article does not say whether the bus was on a return trip to the child's home or if it was on its inbound trip to the school. I do feel that the parent is indeed seeking a free ride to the bank on the back of the taxpayers; but, that is her right (and I'm certain her lawyer has made sure she "understands" her "rights.") ;o{ GGpap
From the Aiken Standard (3/10/10) "On Aug. 17, the child was strapped into a school bus on her way to school. She was supposed to be transferred to another bus before being brought to school; however, the child was left on the bus for several hours." Thereby, exonerating the parent from any charges of negligence. And later,again in the Aikin Standard 3/10/10, "The driver of the bus that day, who is meant to follow procedures to stop exactly such an incident, was immediately placed on administrative leave. After a "more complete investigation of this incident," the driver was terminated in September," IMO, the act of terminating the driver lends to the admission of the district's "in loco parentis" responsibility of the school district. and again, IMO, they'll get burned for this and rightfully so. And, I'm more inclined at this point to be a bit less harsh on the mother for filing a suit against the district. It certainly helps when ALL of the information is presented (AC, you flubbed this one too). GGpap
JC,(your 8:34 pm). Surprise,I can't agree with you more. ABSOLUTELY! GGpap
I honestly feel that, what goes around, comes around. I sincerely hope that nothing happens to the child and the mother has to look back on this incident. Sometimes we don't have to sue for everything that happens especially if no real harm is done.
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