SA Private School Bus Failed to Stop and Drop-off Child - Discrimination?

[rhapsody rue]

Hello,

A few weeks ago my son's school bus failed to stop at his drop off. The bus is owned and managed by the school. It was unfortunate and caused temporary concern, and delay. Since the incident, my son has been told to sit at front of bus, as to help the driver remember his stop.

I have protested since, and now in line to see the principal, to state the obvious, ie this is between the driver and school, my son does not to be punished. My concerns have fallen on deaf ears, administration staff and vice principal fail to see the discrimination of asking a 10 year to make up for a drivers error. The whole thing is ludicrous. I hate his right of choice to seat, taken away.

They have basic conditions, but no bus policy. My son is always well behaved, have no idea, as to why the school are making such a strange order. If this needs to apply to my son, it should also apply to every child on the bus.

Does anyone know the law concerned? Do the school have a right to apply this order? Even though my son has done no wrong. It is affecting my son's wellbeing, and homework, as it's a discussion brought up every night. I hoping the principle can put right.

 

[Rod]

Does anyone know the law concern?

This is not a legal issue.

I suspect if you'd let the matter alone for a week or 3 the situation would resolve itself. IE son goes back to sitting where he used to. There are far more serious things you should be helping with eg son's homework. If he is distracted it is your role to tell him to concentrate on his work. If you continue to 'helicopter' he will have problems for many more years at school. Recommend reading this: What Is Helicopter Parenting?

 

[rhapsody rue]

Hi rod,

It is a discrimination issue and duty of care. My son is being singled out, having a 'rule' applied to him, which does not fairly apply to other kids. To you and me it might not appear a big deal, to a ten year old being torn away from his friends on the way back, home, which i remind you is outside school hours, is.

A few weeks have gone past already, im a patience person, and it hasnt resolved. The point i was trying to make was this is issue between the school and the driver, he failed his duty of care, to drop son of at correct point. My son has no other issues at school, and his work is excellent. Im not sure why you have written me off as a helicopter parent, im far from it.

Discrimination, is illegal, as stated on the deparment of education website. This wouldnt happen at a public school, private schools have a knack of pushing the boundaries, esp when they are missing policies..ie the school have no written bus policy, only to leave it to teachers and admin discretion.


Making a rule for one kid, and not others is illegal, esp if they did nothing wrong. I fight for truth and justice, am patience, how ever will not allow admin and staff to make unproffesional decisions, using my son as the scapegoat, to make up for the fact, the driver failed in his duty of care, to stop at the corret stop.

 

[Rod]

... driver failed in his duty of care ...

What are your damages?

A seating policy is unlikely to give you grounds for a cause of action based on discrimination.

 

[rhapsody rue]

No but a bus policy might, or lack of

 

[SamanthaJay]

I think you will find that because he is on the bus going home from school, the bus owned by the school, then it is irrelevant that it is outside school hours.

Who told your son to sit at the front, the school or the bus driver?

I would put in writing to the school principal and the driver that you acknowledge the incident and that from now on you have instructed your child that he can now sit with his friends on the bus whether it is front, back, middle of the bus and that you trust that the driver has now driven the route a satisfactory amount of times and will remember at which stop your child is to be dropped off.

Bus driver must have some sort of memory disorder if he can't remember the stop of one child in particular and if this is the case, he shouldn't be driving a bus.

Just to put it in perspective, my school bus driver would drive so fast and if you didn't get up in time and get to the front of the bus so that he saw you before your stop, he would keep going and only let you off at the next child's stop. Most of the time you would fall over before you got to the front of the bus because of his psycho driving.

 

[rhapsody rue]

Yes, I think I will write a simple cease and desist, with emphasis on driver remembering route, as to rectify situation.

There are no bella on bus, and students aren't allowed to stand before bus comes to complete stop.

 

[Rob Legat - SBPL]

While you might consider the treatment a form of discrimination (and it might well be), it's unlikely that it's unlawful discrimination. There are things that we can't discriminate on by law, without reasonable excuse: things like gender, age, race, religion. However, it's not absolute. Not allow males into female toilets is discrimination. Not allowing under 18s to drink alcohol in licensed premises is discrimination. Not allowing physically disabled persons to take combat role positions in the military is discrimination. All of these things are lawful, however.

You're well within your rights to request that the school extend the same courtesy to your son as to every other student the bus drops off. However, they're not breaking the law by doing what they're doing, and they're not unlawfully discriminating against your son.

 

[rhapsody rue]

Yes, the same courtesy, my son deserves that at the very least. All schools should have inclusive learning, and carry out inclusive practices, including discipline.

Well, the onus will be on the principal, to explain firstly why my son, who did nothing wrong, has been asked in the first place, to sit at the front.

1. Son did no wrong

2. Not inclusive discipline, but exclusive

Practices at school need to apply to all kids, of course, its not breaking the law as such, however it contravenes basic guidelines.