Parents sue BPS, bus company, drivers after, they say, their child with a learning disability is lost twice

Parents of a student with a learning disability at the Haley Pilot School on American Legion in Roslindale last week sued Boston Public Schools, the company that runs the BPS bus system and two drivers for two incidents in which they say their child was not accompanied by a required school worker on the ride home and then kicked off the bus nowhere near home.

In a negligence suit, filed in Suffolk Superior Court against Boston, Transdev and two bus drivers, the two parents are seeking at least $5 million for the trauma they say the incidents have caused their 7-year-old, which has included fear and behavioral regression.

According to the suit - in which the parents sought anonymity to protect their child's identity - the parent say their child has an "individualized education program" plan that includes having him or her accompanied by somebody from the school on the way home and a requirement that he or she only be dropped off at home and with one of the parents present.

But on Nov. 21, 2023, the parents charge, their child was put on a bus to home without the required monitor and when the driver ordered the child off the bus at the wrong stop, not anywhere near his home:

Transdev Driver 1 instructed J. Doe to get off the bus despite clear requirements in J. Doe's IEP, regulations and internal policies that were to the contrary.

J. Doe told Transdev Driver 1 that he/she did not want to get off the bus because his/her parents were not present, and J. Doe expressed being scared.

Transdev Driver 1 responded by again telling J. Doe to get off the bus.

Transdev Driver 1 did not try to determine any alternative options at that point.

J. Doe started crying and pleaded with the bus driver to let him/her stay on the bus because he/she was scared.

Transdev Driver 1 again instructed J. Doe to get off the bus, emphasizing that the bus had to leave.

Ultimately Transdev Driver 1 forced J. Doe off the bus without his/her parents present at a location that was not J. Doe's residence.

The complaint continues that because of the screwups:

J. Doe was left alone, standing outside, in the cold, not knowing what to do.

Shortly thereafter, J. Doe was approached by a stranger driving a car, apparently attempting to convince him/her to get into the car.

Fortunately, John Doe arrived on the scene and was able to intervene before the situation worsened and J. Doe was injured or kidnapped, or even worse.

Upon arrival, John Doe immediately noticed that J. Doe was hysterically crying, appearing terrified at the situation. ...

In the weeks and months following the incident, J. Doe began wetting the bed frequently. J. Doe was fully potty-trained before this incident.

J. Doe insisted on sleeping in bed with his/her parents after the incident. J. Doe was able to sleep in his/her bed before the incident.

J. Does was significantly more clingy with her parents after the incident. J. Doe was a very wll-adjusted normally behaving child before the incident.

J. Doe was treated by a behavioral health provideer and was diagnosed with "attachment disorder with anxious mood." This was the first time J. Doe had ever seen a behavioral health specialist.

J. Doe never exhibited notably anxious behaviors before the incident.

J. Doe treated with a psychotherapist several times in late 2023/early 2024 because of the incident.

The parents say that the state Department of Elementary and Secondary investigated the incident and, on March 26 of this year sent BPS Superintendent Mary Skipper a "letter of closure: non-compliance corrected" that while BPS violated state regulations and its own policies for failing to have an adult accompany the child on the bus and for the way the driver let the child off somewhere other than home, the state was closing the case because Transdev "provided re-training" to the driver.

But then, it happened again, this time on Sept. 9, the complaint continues:

The child was on a bus, with a drop-off at home scheduled for between 2:55 and 3 p.m. The child's mother went outside around 2:35 p.m. and watched the bus's progress on BPS's new Zum app, which showed the bus was just four stops away.

At approximately 2:45, the app indicated that the bus had made a turn onto River Street and was just one stop away, signaling that [the minor] was nearing [the minor's] drop-off point. At 2:55, I looked at the app once more, and it indicated [the minor] was being held on the bus because [the minor's] parent wasn't at the drop-off location. It advised me to contact the transportation department to arrange [the minor's] return home. I was confused because I had been waiting for [the minor] for around 15 minutes and didn't see the bus at all. I called the number the app suggested, hoping to get some information about [the minor's] location, but there was no answer. While I was on hold with the department, I texted [the minor's father] and shared a screenshot of what I was seeing on the Zum app. He quickly responded, saying he would contact the school. When he reached out, they were unaware that [the minor] was being held on the bus. At about 3:15, I began to look around the apartment complex to see if I could spot any schoolchildren from [the minor's] bus, but there was no one in site. I remained on hold with the transportation department. [The minor's father] reached out to me and mentioned he was heading home from work to assist in locating [the minor], as the school was unaware that [the minor] was still on the buss. At approximately 3:35, while I was still on hold, my anxiety skyrocketed, especially since the school had no information about [the minor's] whereabouts. I was walking through the complex, scanning my surroundings, when I caught sight of a frantic little [minor] power-walking and crying from near the entrance of the apartment complex. I called out to [the minor], but [the minor] was so upset that [the minor] didn't hear me. I hurried towards [the minor] and when [the minor] finally noticed me, [the minor] burst into even louder sobbing. I wrapped [the minor] in a hug and tried to comfort [the minor]. That's when [the minor] explained that the bus driver had dropped [the minor] off far away, and [the minor] had to cross the street and walk a long way to get home. An older girl who lives a few buildings in front of us who had just got off her bus and saw [the minor] standing at the intersection where [the minor] was dropped off, crying uncontrollably. The girl kindly offered to help [the minor] cross the street and pointec [the minor] in the right direction to get home. [The minor] shared that the girl walked with [the minor], but once she reached her building, she want home but instructed [the minor] to continue walking all alone toward the back until [the minor] spotted [the minor's] parents.

And now, the child is in even worse shape, the parents say.

Upon being reunited with his/her parents, J. Doe said, "I thought the last time was the only time I would lose my parents."

J. Doe's behaviors have regressed.

The regressions included but are not limited to J. Doe being scared if his/her parents are not in close proximity to J. Doe when in J. Doe's room.

J. Doe returned to his/her psychotherapist for the first time since early 2024 because of this second incident.

Additional care/treatment is expected.

BPS, Transdev and the drivers have until March 24 to answer the complaint, according to court records.