District: No improper contact in incident with bus driver, autistic child

The mother of an autistic Hilton Head Island Middle School student said a school bus driver struck her son as he exited the bus and wants the driver reassigned.

However, the Beaufort County School District said the driver was acting in a defensive manner and that there was no improper contact.

The Bluffton Police Department is investigating the Oct. 14 incident, which was caught on video, according to Lt. Donald Chandler. He added that the department still had not received the bus surveillance footage from the district.

The Island Packet and The Beaufort Gazette obtained a copy of the video from the family Tuesday morning. Head of student services Gregory McCord confirmed the video's authenticity.

The footage appears to show the driver laying her hands on the student when he reached out to her while leaving the bus. The student's mother, Miriam Middendorf, says the driver struck her son prior to him touching her.

Middendorf said she is upset and disappointed in how the district has handled the situation, adding that more needs to be done to train those working with special-needs students.

"The district hasn't don't anything about this," she said. "The driver said my son went to scratch her, but I don't think he even made it because the driver reached out and struck him first. She should tell him no and hold his hand or put her arm up to block herself, but she shouldn't be acting like that with my son."

On the video, taken from above and behind the driver -- identified as Donna Lee Burns in a police report of the incident -- the bus pulls up in front of the student's Bluffton home. As the 11-year-old prepares to exit the bus, Burns can be heard saying, "Don't you do it." The young boy, who is severely autistic and cannot communicate verbally, then walks to the bus stairs, where he turns and reaches toward the driver.

It is unclear whether the student actually makes contact with Burns. It is also unclear whether she strikes him or grabs his arm and pushes it back.

Middendorf, who was waiting for her son to deboard the bus, then runs toward the bus yelling, "Why did you hit him?"

Burns seems to reply, "He is not going to scratch me."

Attempts Tuesday to reach Burns were unsuccessful.

A spokeswoman for Durham Bus Services, the district's bus contractor and Burns' employer, said the driver has been on this route for a number of years with no prior incidents between her and the student. However, Molly Hart added that Durham has taken steps to change the seating of the bus monitor on this route for additional supervision and the company plans to provide refresher training to all drivers at its upcoming monthly safety meeting.

Middendorf immediately called the police and filed a report, she said, but two weeks later, nothing has been done. The bus driver is still on the same route, she added, so Middendorf is driving her son to and from school.

Middendorf said McCord provided her a copy of the footage during a meeting Monday. She said McCord also told her that the bus driver did not hit her son; rather, she was defending herself.

"If someone reaches out to a person to make contact and they hold their hands up or make contact because they are shielding that person off, then I wouldn't view that as improper contact," McCord said in an interview Tuesday, though he would not speak specifically about this incident.

All bus drivers are trained regularly on how to deal with students, both those with and without special needs, McCord added.

In a police report of the incident, the district's head of security, David Grissom, said the student "charged toward the bus driver attempting to strike her" and "the bus driver then stood up." "In no way did the bus driver hit the student," Grissom said in the report.

The general manager of Durham Bus Services, Gary Bradley, told police, "I viewed the video and there's nothing really for you to see."

Bradley also said in the report that the "child ran toward the bus driver and ... she put her arms up in what looked like an attempt to block the child from hitting her."

Bradley said in the report that he would "counsel" the bus driver on her professionalism.

Middendorf said there should be better training for those who drive the special-education buses and work with special-needs students.

Kim Thomas, director of the S.C. Autism Society, agreed.

She said the group hears often about similar incidents across the state, many times involving severely autistic students who cannot communicate verbally.

"In the heat of the moment like that, I can understand the instinct to defend yourself, but there are better ways to work with these students," said Thomas, who was not familiar with the incident involving Middendorf's son.

Follow reporter Sarah Bowman at twitter.com/IPBG_Sarah.

This story was originally published October 28, 2014 at 8:22 PM with the headline "District: No improper contact in incident with bus driver, autistic child."