Florida Judge Rules Charter Schools Don’t Have To Provide Bus Service

A Florida judge recently issued a ruling that will leave thousands of students without school bus access, as it was decided that charter schools are not required to provide transportation for students living two or more miles from school.

According to Florida law, students living at least two miles from their assigned school are eligible to receive bus service. However, a recent legal battle between Renaissance Charter School in Tradition, Florida, and the St. Lucie County School Board brought into question whether charter schools were bound by these rules.

The school board argued the charter school was in violation of Florida law by not providing school buses to these students, while the school argued the school board did not have legislative authority to make the school provide public transportation.

In Judge Darren Schwartz’s ruling, the administrative law judge ruled the legislature gives charter schools greater flexibility as they are alternatives to public school.

“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 students at Renaissance Charter School are required to sign a “parent obligation form” indicating they are aware that transportation to and from school is solely their responsibility, and school officials inform parents they only offer bus services for special circumstances.

However, 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 states otherwise, explaining that though the school does not provide busing, it is working to put together parent carpools, and that it offers “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 St. Lucie County School Board rejected this policy, believing that failing to provide regular transportation to all students is an unnecessary 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.