Agency for Disabled Files Actions Over Bus Shortage

In a surprise move, a watchdog state agency said Friday that it has filed civil rights complaints against the Orange County Department of Education for failure to provide bus transportation for handicapped students.

Claire Heaney, chairwoman of Developmental Disabilities Area Board XI, said the complaints, mailed Thursday afternoon, were made because there is no end in sight to the shortage of buses for disabled students. Heaney said a proposed solution, in the form of an agreement between the county Department of Education and the bus contractor, remains bogged down.

“Some of the children are still not getting to school, and their civil rights are being denied,” said Heaney, who lives in Tustin.

The bus shortage began the morning of Sept. 12, when no buses arrived to pick up about 400 of the 800 handicapped students who attend county department-run schools. The bus contractor, Durham Transportation Inc. of Rosemead, said the problem was caused by a shortage of available drivers. The pay provided for in the five-year county contract, he said, was inadequate and therefore made it impossible for him to hire enough drivers for all 85 routes.

County Is Surprised

After eight days of shortages, the county department announced Wednesday that a settlement had been reached that would provide the company with more money. Details of the settlement have not been released, pending final review by attorneys for the department and for Durham Transportation.

Larry Durham, who owns the company, said Wednesday that it would be several days before all the buses are running.

County Supt. Robert Peterson said Friday that he was surprised by the state agency’s action. He noted that the agency had agreed to refrain from filing a complaint after the contractor and the department reached the agreement Wednesday. Peterson said the settlement with the bus contractor has not fallen apart or become bogged down, as Heaney alleged.

Peterson acknowledged, however, that buses are still not back to normal. “We

were short 16 buses today,” Peterson said. “I am hoping the shortage will be less than 16 on Monday.”

Speaking by telephone Friday from Monterey, where she was attending a state convention of state-created advocacy agencies for the handicapped, Heaney said she mailed formal complaints to the federal Office of Civil Rights and to the Compliance Division of the state Department of Education. Such complaints usually prompt investigations, she said.

Peterson said Friday that he believes that the situation will be resolved by the time any civil rights investigation would get under way. “It usually takes some time for these (investigations) to ensue, and the situation will be moot at that point,” he said.

Peterson said he plans to direct any civil rights investigation toward Durham Transportation “because they are the ones who did not fulfill their obligations.” He expressed the hope that the civil rights complaints would result in added public pressure on Durham Transportation to get more drivers quickly.