School bus aide fired for 'abusing' special needs student wants job back

A former Des Moines school bus assistant who "physically abused" a student with special needs is attempting to get her job back with the district. However, the Des Moines school district is fighting back against her rehiring, according to court documents.

On Nov. 4, 2015, a special needs student was "visibly upset crying" when he got on the school bus, according to the unemployment insurance decision from Iowa Workforce Development.

As the student got on the bus, Ruby Taylor, the school bus assistant, yelled at him, telling him he was "too big to be crying."

Teacher's aides secured him in his seat, as he is required to have a wraparound seat belt. Taylor did not secure the student's seat belt straps tight enough, so he was able to repeatedly stand up during the bus ride.

As the bus was moving, Taylor was on her personal cellphone, ignoring students. The special needs student continued crying throughout the bus ride, repeatedly standing up, according to the document.

When Taylor finally noticed the student standing, she yelled at him, the documents state.

The special needs student eventually hit another student, prompting Taylor to yell at him and pull him down by the arm onto the seat.

For the next seven minutes, Taylor pinned the student against the side of the bus. Eventually, the student's face was pinned against the side of the bus and the window frame, according to the documents. His parents called the school the next day.

Both Taylor and the bus driver were fired Dec. 1, 2015.

Taylor later filed for unemployment benefits but was ineligible for compensation because her "abuse" was considered misconduct under Iowa Code.

Her union, AFSCME Council 61, filed a grievance on her behalf on Oct. 13, 2016.

On Dec. 8, 2016, arbitrator Neil Barrick entered a ruling in favor of Taylor, reinstating her as a bus associate for Des Moines schools.

Barrick wrote in the arbitration that Taylor did nothing to console the student and could have handled the situation better. He also notes that Taylor was an employee with the Des Moines school district for the last 20 years and had no prior issues with handling special needs students.

While Taylor's lack of attentiveness on the bus that day may have contributed to the student's improper behavior, he noted that because she did use force, he has to examine whether that was "reasonable in light of the student's misconduct."

Because the student repeatedly got out of his seat, mistreated other students and could have subjected himself to a greater risk of injury, "sitting next to him in such a way as to limit his ability to move around and without causing him injury did just that," Barrick wrote.

He said her actions did not appear to intend to cause pain or injury to the student and she did prevent him from having further contact with other students.

"I am mindful of the handicap the student is subject to and that students such as him require different handling of issues related to their questionable conduct," Barrick wrote. "Nonetheless, Grievant needed to take action to prevent the student from getting out of his seat and mistreating other students on the bus or subjecting himself to a greater risk of injury."

Barrick wrote that because Taylor "did not handle the situation in the best possible way" she is not entitled to back pay or benefits.

The Des Moines school district filed a petition March 7 trying to get the arbitrator's decision thrown out, noting there was evidence of child and abuse and neglect, according to court documents.

However, Dan Homan, president of AFSCME Council 6, said he expects to go to court over the issue.

"Ms. Taylor in our opinion was wrongfully terminated from her job," Homan said. "We won the arbitration and the school district decided they don’t agree with the arbitrator."

Reporter Charly Haley contributed to this story.