The following article, written by Klaus Gaebel, is reprinted verbatim from The Saugerties Post Star, 10-25-07 Weekly 600-Mile School Bus Trip Causes Student & Parent Woes By: Klaus Gaebel, Saugerties Post Star , October 25, 2007   Located on a 16-acre campus between Buffalo and Rochester in the upstate New York community of Batavia, the New York State School for the Blind (NYSSB) has long provided services for blind or severely visually impaired students aged 5-21, who have one or more additional disabilities. For students that live more than 50 miles from the school, a residential program is available, allowing them to stay at the school for 5 consecutive days, in an environment that has many of the comforts of home. For one Saugerties couple, transporting their child to the NYSSB using school district provided transportation has led to anguish and now, legal proceedings. The story that follows is largely the one Patti Nieffer tells. When contacted, Saugerties Central Schools Superintendent Richard Rhau declined to comment on the case. The problems began, said Patti Nieffer, the parent of a 12 year old boy, when he arrived back in Saugerties one Friday “completely saturated in urine” and “feces impacted on him” after the 300 mile bus trip. Along with her husband, Peter, they were distraught when toileting became an on-going problem, considering that bathroom practices were not a problem at home for the child. The trip to Batavia begins each Sunday; the school district having contracted with Northland Bus Company of Schenectady, NY to provide transportation. A total of 5 students wind up on the bus from Saugerties and surrounding districts. The bus is a van type vehicle, and includes 2 adults aboard, consisting of a female bus driver and a female aide. After dropping the students off at the school on Sunday afternoon, the driver and aide return (it’s not known if they return on Sunday or make the trip back Monday.) They pick the students back up from the school on Friday and return them to their homes for the weekend. It’s a difficult task for the adults on the bus. They are responsible for safely transporting the 5 children, ranging in ages up to 17, who have a variety of disabilities. Shortly after the Nieffers’ son began attending the NYSSB in September 2006, the Nieffers developed serious concerns for their son while he was on the bus, and complained to the Saugerties school administration. The Nieffers claim numerous conversations ensued with Saugerties Assistant Superintendent Cheryl Nuciforo, Director of Special Education Susan Gage, and the CSE (Committee for Special Education) Chairperson Dr. Laural Olexa. According to Patti Nieffer, in early October 2006, Dr. Olexa conducted her own investigation of the bus driver and aide, trailing them one day from Saugerties to Utica, and documenting her observations. An assistant was brought along as a witness. Dr. Olexa apparently reported a number of observations, including the fueling of the bus with students aboard (a possible violation of safety laws), traveling at speeds in excess of 80 MPH, eating food in the van for over ½ hour without considering the children, and poor toileting practices. A report was then prepared by Dr. Olexa and Susan Gage and presented to Cheryl Nuciforo. The story takes a bit of a side turn here. It is believed pictures were taken during the investigation that are pertinent to the findings and were presented to Nuciforo. What has happened to these pictures, and if they still exist, is of interest. According to Nieffer, after Nuciforo reviewed the report, she added a representative on the bus for a couple of trips, hoping to gain independent and fresh insight into the bus situation. With the representative now joining the bus driver and aide on their trip to Batavia, the Nieffers’ child refused to go to the bathroom during a stop. The child strongly objected and made a fuss. Upon arriving at the NYSSB, the representative discussed the situation with the child and staff at the school. The Nieffers were shocked to learn that the discussion led to a revelation by the child indicating he had been spanked by the driver on a previous trip after he got his hands wet in the toilet. Patti Nieffer is convinced that it was the spanking incident that made the child resistant to using the bathroom on the approximately 5 hour trips when accompanied by the bus driver. Patti Nieffer explained that children with visual imparities have difficulty finding their way around unfamiliar stalls; even locating toilet paper becomes a complex undertaking. Her child’s visual ability consists of seeing light and shadows, and he is developmentally delayed (he doesn’t function as a 12 year old). She deducts that her son may have somehow partially fallen, and using his hands in reaction, may have gotten them wet in the toilet. The mother also pointed to problems with feedings and not using more appropriate “family style” bathroom facilities that are available along the NYS Thruway. She also recalled an instance when the driver refused to allow the transportation of prescribed amoxicillin (an antibiotic commonly used to treat ear infections) earlier this year. Since the child didn’t have the drug along and there was difficulty in getting the medicine promptly filled on a holiday weekend when arriving in Batavia, the infection worsened. Nieffer has an IEP (Individualized Education Program) that is required for disabled students that was created by the district. The document indicates that a male aide is to accompany the student, although only female adults were on the bus. The mother is upset that the child’s dignity during toileting was not honored. Becoming irritated at what they thought was a lack of process in resolving the transportation related issues, the Nieffers took some drastic action. On September 5, they filed a due process notice with the school district and the NYS Department of Education. A hearing is set for his month. Because of concerns for the child’s safety and worrisome problems, the Nieffers did not send their son to the NYSSB in August and September. After being notified by the NYSSB that truancy charges were being considered against them since their child’s absence was not approved, he resumed schooling in October, with the Nieffers providing and bearing the expense of the transportation. The purpose of the hearing is to 1- seek a remedy to the transportation issue and 2 – consider reimbursement for round-trip transportation the Nieffers have assumed for the past month. Nieffer recently approached 2 school board members when she became curious if they knew anything about her case. She was astounded to learn that neither knew, even though she had sent the school board a letter notifying them of her due process initiation, which she was required to do. The mother has nothing but praise for her attorney, Mrs. Rosa Lee Charpentier, of the firm Family Advocates of Kingston. They’ve assisted her through the difficult process and will be present at the hearing. Patti Nieffer credits trustee George Heidcamp with getting the district to finally take some action. She said she learned he did his own investigation of the bus as a private citizen, using learned police skills, including speed detection. Nieffer said he distributed his observations in writing to parties involved and now “things are beginning to happen.” According to Heidcamp, on October 14 he observed the transportation vehicle drive across the Ulster Avenue railroad without stopping (as required by law), and estimated it at speeds above 80 MPH while on the NYS Thruway. Speed limits on most stretches of the thruway are a maximum of 65 MPH, but the legal rate of speed for a transporting bus within the state of New York is 55 mph. Heidcamp said he notified Superintendent Richard Rhau of his observations. The mother feels “parents that have special needs children have got to be made aware of what type of advocates they need to be, that they need to question those in authority because they assume that the proper protocol is being followed and it is not in many, many instances.” She adds “not only is it not being followed but the authority by which those that oversee these things are not addressing it as serious enough. These children have been in harm's way for over a year – and nothing has been done until Mr. Heidcamp made his observation.” In the past week, Patti Nieffer has learned that the bus driver has been replaced, and along with the original aide, a male aide is now also in the bus. She wonders though, what kind of training these people have, and whether things will be better in the future if her child resumes using the transportation service. Since the 1960s, assisted by court rulings, many federal and state laws recognize and protect the rights of students with disabilities and insure they receive an appropriate and publicly financed education. This includes transporting the student out of the district if needed. During the 2006-07 school year, there were 43 children in the Saugerties district that were provided special needs education. The district paid approximately $514,037 for tuition for private schools, another $504,659 for public schools, and 1.03 million for BOCES (Boards of Cooperative Educational Services). Transportation costs add another $790,297. There is some state and BOCES aid to the district to reduce the local costs. Under Superintendent Rhau the Saugerties district this year offers its own autism program. Since some of those students no longer have to be bused out to other facilities, savings are being realized. The hearing may be held October 30th at 12 p.m. in the Hildebrandt building near the Jr. High Cafeteria, although school officials were not able to confirm the date, time, and location at press time. Upon Nieffer’s request, the hearing is scheduled to be open to the public. The case will be decided by New York City hearing officer Craig Tessler. The possibility exists that the issues in the case may be settled by the attorneys prior to the hearing. For anyone interested in attending the hearing, it’s suggested contacting the school administration at (845) 247-6500 to confirm the venue and date.