Parents question safety, legality of CCSD’s one-bell system
By Karrie Allen
CHATHAM — On May 19, voters in the Chatham Central School District passed the $26.8 million school budget, which included a new one-bell system. The school district found that a one-bell system would help them cut costs. There were several in support of it. Those who were not claimed there wasn’t enough information on how it would work or even if it would work in addition to other concerns.
On June 4, the school district sent out to all parents/guardians forms to fill out listing each child in the school district and grade for the 2009-10 school year, as well as the parent’s/guardian’s name and address, which is where the student(s) would be picked up and dropped off. Attached was a question and answer form that was “designed to address questions that have been raised throughout the past several months” by parents, wrote former Interim Superintendent Lee Bordick.
On Aug. 11, Superintendent Cheryl Nuciforo sent out an updated question and answer form. Some of the answers sparked outrage from several parents, the majority of them divorced or two-family homes. Others had issues with child care.
The question, “Can my child take different buses on different days of the week?” started it all. The school district’s answer: “If a student rides different buses on different days, we need to allot two seats for that child, one on each bus. Because the number of students assigned to each bus will be close to capacity, at this time we do not anticipate having the ability to do this.”
According to Nuciforo, they have been evaluating all the options, but at this time she is not optimistic they will be able to accommodate parents’ requests to have their child or children picked up and dropped off at two separate locations.
She said there is “no guaranteed capacity” and until around mid-October, they really can’t make too many changes to the bus routes.
Sharon Mesick’s situation is exactly why parents like her are concerned. She has four children in the school district, three who are listed under their father’s address in West Ghent and her youngest, a kindergartner this year, listed under her address in Canaan. Under the new bus system, when all the children are at her house, the bus will only be allowed to pick up Mesick’s kindergartner — the only one listed at that address.
Mesick was at first relieved that her older children would be getting home the same time as her kindergartner, but after receiving the second question/answer form, she realized this wouldn’t be allowed. Then she thought, her oldest would be turning 16 and could get his license, but then she learned parking had been reduced in the newly designed parking lot at the high school and that juniors would not be allowed cars at school.
The parking lot has been redesigned so that there are bus lanes for each bus. Then there are spots for staff and numbered spots for students (each student will have a designated spot for the school year). Nuciforo said that seniors get priority parking, but they won’t know how many seniors will have cars on campus until school begins.
And not only is Mesick a parent, but she’s also a bus driver for the district. She said she often leaves for work before her children leave for school. With this new system, it’s “forcing me to choose between my job and my children,” she said.
School policy states that a parent/guardian must be at the bus stop with a kindergartner for pick up and drop off. The policy does not apply to students in grades one through 12.
So then there were concerns with children being dropped off when no one is home. According to the “School Law Book,” 32nd Edition, “School districts are liable for the supervision and safety of students who are within their physical custody or authority. Generally, they are not liable for the supervision and safety of students prior to boarding or after disembarking from a school bus. Custodial control and responsibility at those times rest with the parents.”
Another question referred to being dropped off at child care or at other family members. The answer given was “Your child may take the bus to a different stop on the same route.”
The “School Law Book” states: “A school board may provide, at its discretion, transportation to any child attending kindergarten through eighth grade between a child’s school and before and/or after-school child care locations in accordance with the district’s general transportation mileage limitations.”
Nuciforo emphasized “at its discretion” and said that Chatham is not able to accommodate those transportation requests at this time.
The biggest issue though is for the children in two-family homes. Several parents have already spoken to Nuciforo. She said at an informational meeting held Tuesday night, Sept. 1 that about 40 families had transportation requests. More than 30 parents were present at the meeting.
The “State Law Book” clearly states that “No,” the school district does not have to transport children of divorced parents to different locations on different days of the week. It states: “According to the commissioner of education, a student can only have a single residence for school purposes even when that student’s parents are divorced.”
Nuciforo understands the situation and sympathizes, but clearly stated that this is a situation where you “either can do it or can’t do it” and right now it’s a “can’t do it” situation.
As of Monday, she said the district had 40 transportation changes just within the last week.
The new one-bell system will provide 20 bus routes for children within the district. Nuciforo said on Monday that she had set a drop date of Tuesday afternoon for the final bus routes and at the meeting told parents they would be mailed out Wednesday morning.
At the informational meeting, Nuciforo did acknowledge that the bus routes were being mailed out later than usual, but she wanted to make absolutely sure no more changes could be made.
Also at the meeting, parents brought up issues of behavior on the bus, emergency closures, student pick up and possible lawsuits. Nuciforo addressed them all.
One parent was concerned about the standards of behavior on the bus, mostly with the older students. “What is acceptable?” she asked.
Nuciforo said that the bus is an “extension of school” and that the same behavior expected in the school room applies on the bus.
Mary E. Dardess Elementary School Principal Kristen Reno, who was also at the meeting, said that she feels “middle schoolers will rise to the occasion,” which school board member Fred Hutchinson also stated earlier in the meeting. Cameras have also been placed on every bus.
For student pick up, parents/guardians or anyone listed on the emergency contact who is permitted to pick up a student in the elementary school will be required to show a picture ID; that’s a standard in school districts, Nuciforo added.
Nuciforo said that parents will be allowed in the building at 2 p.m. and students being picked up every day will be called to the cafeteria. Between 2:10 and 2:25, those parents and students will leave school grounds. Around 2:13, students picked up by bus will be called down to the gymnasium and loaded on the bus at 2:25. At 2:30, high school students will be dismissed and the buses will roll out at 2:35. All traffic in the parking lot will be halted until all of the buses have left. Buses will drop off and pick up middle school students first.
As for the seating arrangements, elementary students will sit in the front and older students toward the back. It is three to a seat for K-6 and two to a seat for 7-12. Nuciforo did say that by state law, they could seat K-12 three to a seat, but aren’t.
About emergency closures, Nuciforo told parents to “make arrangements.” She did promise to stay until all of the kids were picked up, but normally a family will make a plan for emergency situations.
Parent Delena Schaefer asked about a possible lawsuit. She asked Nuciforo if the school district’s lawyer, Keith Flint, had been notified of the transportation changes and what would happen if this was to go to court.
Nuciforo simply stated the school district has insurance and that she had spoken to Flint about the “possibility of a lawsuit.” An actual lawsuit has not been filed.
Schaefer also argued that the “School Law Book” is the commissioner of education’s interpretation of New York state law, but Nuciforo answered back that these interpretations “carry great weight in court.” Schaefer refuted that a case such as this “hasn’t been taken to court in New York ever.”
Nuciforo said that the school district will be evaluating transportation through September and by maybe late September, but most likely the first two weeks of October, the district will know what they’re dealing with. By then they’ll be able to reevaluate the transportation requests, but “I’m very cautiously optimistic,” said Nuciforo.
Mesick feels that this whole situation is “either all or nothing.”
Toward the end of the meeting, Nuciforo repeated something the district lawyer said to her about this situation: The school’s obligation is to transport kids to school to get an education … not for child care needs or custody needs.
School starts Wednesday, Sept. 9, but issues with transportation are far from being cleared up for the nearly 40 families, if not more. And whether this issue goes to court remains to be unseen, but it could set a precedence for school transportation.
For more on the one-bell system, visit the school Web site at www.chathamcentralschools.com. There will be a diagram of the parking lot online, but as of Wednesday morning, it was not posted yet.
On June 4, the school district sent out to all parents/guardians forms to fill out listing each child in the school district and grade for the 2009-10 school year, as well as the parent’s/guardian’s name and address, which is where the student(s) would be picked up and dropped off. Attached was a question and answer form that was “designed to address questions that have been raised throughout the past several months” by parents, wrote former Interim Superintendent Lee Bordick.
On Aug. 11, Superintendent Cheryl Nuciforo sent out an updated question and answer form. Some of the answers sparked outrage from several parents, the majority of them divorced or two-family homes. Others had issues with child care.
The question, “Can my child take different buses on different days of the week?” started it all. The school district’s answer: “If a student rides different buses on different days, we need to allot two seats for that child, one on each bus. Because the number of students assigned to each bus will be close to capacity, at this time we do not anticipate having the ability to do this.”
According to Nuciforo, they have been evaluating all the options, but at this time she is not optimistic they will be able to accommodate parents’ requests to have their child or children picked up and dropped off at two separate locations.
She said there is “no guaranteed capacity” and until around mid-October, they really can’t make too many changes to the bus routes.
Sharon Mesick’s situation is exactly why parents like her are concerned. She has four children in the school district, three who are listed under their father’s address in West Ghent and her youngest, a kindergartner this year, listed under her address in Canaan. Under the new bus system, when all the children are at her house, the bus will only be allowed to pick up Mesick’s kindergartner — the only one listed at that address.
Mesick was at first relieved that her older children would be getting home the same time as her kindergartner, but after receiving the second question/answer form, she realized this wouldn’t be allowed. Then she thought, her oldest would be turning 16 and could get his license, but then she learned parking had been reduced in the newly designed parking lot at the high school and that juniors would not be allowed cars at school.
The parking lot has been redesigned so that there are bus lanes for each bus. Then there are spots for staff and numbered spots for students (each student will have a designated spot for the school year). Nuciforo said that seniors get priority parking, but they won’t know how many seniors will have cars on campus until school begins.
And not only is Mesick a parent, but she’s also a bus driver for the district. She said she often leaves for work before her children leave for school. With this new system, it’s “forcing me to choose between my job and my children,” she said.
School policy states that a parent/guardian must be at the bus stop with a kindergartner for pick up and drop off. The policy does not apply to students in grades one through 12.
So then there were concerns with children being dropped off when no one is home. According to the “School Law Book,” 32nd Edition, “School districts are liable for the supervision and safety of students who are within their physical custody or authority. Generally, they are not liable for the supervision and safety of students prior to boarding or after disembarking from a school bus. Custodial control and responsibility at those times rest with the parents.”
Another question referred to being dropped off at child care or at other family members. The answer given was “Your child may take the bus to a different stop on the same route.”
The “School Law Book” states: “A school board may provide, at its discretion, transportation to any child attending kindergarten through eighth grade between a child’s school and before and/or after-school child care locations in accordance with the district’s general transportation mileage limitations.”
Nuciforo emphasized “at its discretion” and said that Chatham is not able to accommodate those transportation requests at this time.
The biggest issue though is for the children in two-family homes. Several parents have already spoken to Nuciforo. She said at an informational meeting held Tuesday night, Sept. 1 that about 40 families had transportation requests. More than 30 parents were present at the meeting.
The “State Law Book” clearly states that “No,” the school district does not have to transport children of divorced parents to different locations on different days of the week. It states: “According to the commissioner of education, a student can only have a single residence for school purposes even when that student’s parents are divorced.”
Nuciforo understands the situation and sympathizes, but clearly stated that this is a situation where you “either can do it or can’t do it” and right now it’s a “can’t do it” situation.
As of Monday, she said the district had 40 transportation changes just within the last week.
The new one-bell system will provide 20 bus routes for children within the district. Nuciforo said on Monday that she had set a drop date of Tuesday afternoon for the final bus routes and at the meeting told parents they would be mailed out Wednesday morning.
At the informational meeting, Nuciforo did acknowledge that the bus routes were being mailed out later than usual, but she wanted to make absolutely sure no more changes could be made.
Also at the meeting, parents brought up issues of behavior on the bus, emergency closures, student pick up and possible lawsuits. Nuciforo addressed them all.
One parent was concerned about the standards of behavior on the bus, mostly with the older students. “What is acceptable?” she asked.
Nuciforo said that the bus is an “extension of school” and that the same behavior expected in the school room applies on the bus.
Mary E. Dardess Elementary School Principal Kristen Reno, who was also at the meeting, said that she feels “middle schoolers will rise to the occasion,” which school board member Fred Hutchinson also stated earlier in the meeting. Cameras have also been placed on every bus.
For student pick up, parents/guardians or anyone listed on the emergency contact who is permitted to pick up a student in the elementary school will be required to show a picture ID; that’s a standard in school districts, Nuciforo added.
Nuciforo said that parents will be allowed in the building at 2 p.m. and students being picked up every day will be called to the cafeteria. Between 2:10 and 2:25, those parents and students will leave school grounds. Around 2:13, students picked up by bus will be called down to the gymnasium and loaded on the bus at 2:25. At 2:30, high school students will be dismissed and the buses will roll out at 2:35. All traffic in the parking lot will be halted until all of the buses have left. Buses will drop off and pick up middle school students first.
As for the seating arrangements, elementary students will sit in the front and older students toward the back. It is three to a seat for K-6 and two to a seat for 7-12. Nuciforo did say that by state law, they could seat K-12 three to a seat, but aren’t.
About emergency closures, Nuciforo told parents to “make arrangements.” She did promise to stay until all of the kids were picked up, but normally a family will make a plan for emergency situations.
Parent Delena Schaefer asked about a possible lawsuit. She asked Nuciforo if the school district’s lawyer, Keith Flint, had been notified of the transportation changes and what would happen if this was to go to court.
Nuciforo simply stated the school district has insurance and that she had spoken to Flint about the “possibility of a lawsuit.” An actual lawsuit has not been filed.
Schaefer also argued that the “School Law Book” is the commissioner of education’s interpretation of New York state law, but Nuciforo answered back that these interpretations “carry great weight in court.” Schaefer refuted that a case such as this “hasn’t been taken to court in New York ever.”
Nuciforo said that the school district will be evaluating transportation through September and by maybe late September, but most likely the first two weeks of October, the district will know what they’re dealing with. By then they’ll be able to reevaluate the transportation requests, but “I’m very cautiously optimistic,” said Nuciforo.
Mesick feels that this whole situation is “either all or nothing.”
Toward the end of the meeting, Nuciforo repeated something the district lawyer said to her about this situation: The school’s obligation is to transport kids to school to get an education … not for child care needs or custody needs.
School starts Wednesday, Sept. 9, but issues with transportation are far from being cleared up for the nearly 40 families, if not more. And whether this issue goes to court remains to be unseen, but it could set a precedence for school transportation.
For more on the one-bell system, visit the school Web site at www.chathamcentralschools.com. There will be a diagram of the parking lot online, but as of Wednesday morning, it was not posted yet.
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