Petitioners Drop Transportation Lawsuit Against Mamaroneck School District

Statement from Mamaroneck Schools:

August 11, 2014

Last spring, a group of Mamaroneck parents filed a legal petition challenging the Mamaroneck School District’s transportation policy change, which shifted the transportation of some high school students attending nonpublic schools from yellow buses to public transportation. As part of their lawsuit, the petitioners demanded a judicial stay to prevent the District’s policy change from taking effect for the 2014-2015 school year. The District moved to dismiss the lawsuit, arguing, among other things, that the lawsuit should have been brought before the New York State Commissioner of Education and not the New York State Supreme Court. (The Commissioner has upheld the use of public transportation for students attending nonpublic schools in numerous cases over more than 40 years.)

Justice Warhit in June denied the petitioners’ application for a stay, determining, among other things, that “Petitioners had not demonstrated a likelihood of success on the merits [or] a risk of irreparable injury or harm ….” During the hearing, the Court also expressed several doubts about the lawsuit, including whether it should be in front of him rather than the Commissioner of Education.

Last week, the District learned that the petitioners have withdrawn their petition. While petitioners may attempt to institute a new proceeding at a later date, we are hopeful that the Court’s decision in this case will dissuade further litigation.

Our recent policy change impacts 48 of the approximately 142 high school students who applied for transportation services to nonpublic schools. Families were recently notified as to whether they will be offered yellow bus transportation, public transportation, or a “vacant seat” on a yellow bus already taking other students to their school. The students who have been assigned to public transportation have been offered transit passes. They may select either a Metro North or a Bee Line Bus pass, depending on which form of transportation best suits their needs. The policy change does not apply to students who receive transportation because of their special needs.

The savings from this revised policy -- which will accrue every year -- were estimated last winter to be approximately $98,000 for the 2014-2015 school year. The District will provide the School Board and the community with an updated estimate of the savings in the fall. Even with the revised policy, the District continues to provide a greater level of transportation service than State law mandates. The Board of Education has been studying the issue of transportation for the past several years.