A Florida judge ruled earlier this month that charter schools are not required to provide transportation for students living two miles or more from school.
The law in Florida (and many other states) says that students living at least two miles from their assigned school are eligible for bus service.
This was the basis for a legal battle between Renaissance Charter School in Tradition, Florida, and the St. Lucie County School Board. The school board argued that the charter school was violating Florida law and the charter school contract by not providing transportation for these students. The school argued that the school board did not have the legislative authority to make the school provide transportation.
But Administrative Law Judge Darren Schwartz ruled that the legislature gives charter schools greater flexibility due to their nature as alternatives to public schools.
“The Legislature specifically recognized that charter schools should have greater flexibility than traditional public schools. Parents choose to send their children to charter schools, knowing full-well that they may reside more than two miles from the charter school, and that their traditional public school may be located much closer to their residence than the charter school,” he wrote in a 45-page decision.
Parents of children attending Renaissance Charter School sign a “parent obligation form,” which indicates they are aware of the fact that transportation to and from the school is their sole responsibility. School officials also inform parents that the school does not offer bus service unless there are specific circumstances in place.
The charter contract between the school and the St. Lucie County School Board states that students living within two miles of the school “will be expected to furnish their own transportation, except that certain students, as specified in Section 1006.21, F.S., for example, students with disabilities and elementary grade students who are subject to specified hazardous walking conditions, must be provided transportation, regardless of the distance from the school.”
Renaissance Charter School’s transportation policy spells out that although the school does not provide busing, it is working on putting together parent carpools, and that it provides “transportation or an equivalent reimbursement” for students that fall into the following categories: students that do not otherwise have access to other educational facilities; students exposed to dangerous walking conditions to or from school; students with transportation needs in their IEP; students who are pregnant, as well as students, parents and/or their children if there is a teenage parent program at the school. The board rejected this policy, arguing that not providing regular transportation to all students is a barrier to educational access.
“The school board cannot require petitioners to transport by regular school bus all charter school students residing more than two miles from the charter school, and the charter school did not breach its contract with the school board by not providing transportation to its students in accord with the parties’ charter school contract and Florida statutes,” Schwartz ruled.
