Ohio district sues state over $700,000 fine for failing to bus non-public kids
Groveport Madison Schools is suing the Ohio Department of Education over a $698,000 fine for failing to bus private and charter school children.
The lawsuit, filed in Franklin County, claims the state's interpretation of what constitutes a “consistent or prolonged period of noncompliance" is arbitrary and the law is too vague to be constitutional.
And it says the school district, which is already struggling to transport its own kids during a nationwide bus driver shortage, will face "immediate, irreparable harm" if the fine is deducted from its next round of transportation dollars in February.
"If enforced, ODE’s decision will leave the district’s students out in the cold," according to the lawsuit.
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Public busing for non-public kids
Ohio law requires public schools to transport all eligible students, including those who choose private or charter schools. And the state can fine districts for not complying.
Ohio Revised Code defines violations as "consistent or prolonged," and ODE interprets that to mean 10 consecutive days or 10 total days in a semester.
Districts found to be non-compliant can be fined the total amount they get for transportation per day for as many days as the investigation finds they missed.
Four districts have been fined during the 2020-2021 school year: Groveport Madison, Columbus City Schools, Cincinnati Public Schools and Elyria City School District.
In Groveport Madison's case, the district estimated its fine would be $53,000 per day multiplied by 13 days for a total of $698,000, according to the lawsuit.
A spokesperson for ODE said the agency does not have final dollar amounts yet.
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The process sounds straightforward, but the suit characterized it as both unconstitutional and unfair.
"Groveport Madison was not provided with a meaningful opportunity to present rebuttal evidence and/or arguments during the ODE’s investigation, nor was it afforded a hearing prior to any final decision by the ODE," according to the lawsuit.
There is no hearing before a district loses its transportation funds, and the lawsuit alleges that means there is no meaningful "due process."
The department of education did not immediately respond to a request for comment.
A lack of drivers
Groveport Madison contracts with a company called Petermann Transportation for its busing.
In a normal school year, the district runs 68 bus routes that cover all the kids (public and non-public). But the COVID-19 pandemic dropped the number of routes down to 51.
"Petermann has attributed its failures and deficiencies to driver shortages caused by the COVID-19 pandemic and related labor disputes," according to the lawsuit. "Petermann’s shortcomings have created an unpredictable and ever-changing transportation environment throughout the 2021 school year, involving reduced and canceled routes, often without notice, impacting students of the district, nonpublic and community schools."
The Ohio-based company declined to comment, but an ODE document attached to the lawsuit said its director of business development confirmed the missed days.
Anna Staver is a reporter with the USA TODAY Network Ohio Bureau. It serves the Columbus Dispatch, Cincinnati Enquirer, Akron Beacon Journal and 18 other affiliated news organizations across Ohio.
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This article originally appeared on The Columbus Dispatch: Groveport Madison schools sue Ohio, fined not busing non-public kids
