Although the petition is not entirely clear, presumably petitioner's son is one of the students affected by respondent's policy. Petitioner contends that under this policy, nonpublic school students are forced to wait in an unsafe area in downtown Troy to transfer from a public transit bus to another bus to bring the students home. According to the petition, students attending respondent's schools are provided with a privately contracted late bus, which transports those students to their home, by more direct routes. Petitioner alleges that respondent's bus policy is illegal because transportation services should be provided equally to public and nonpublic school students. She also alleges that respondent is endangering the welfare of minors by requiring them to change buses in an allegedly crime-ridden area, and that nonpublic school pupils are being penalized for not attending respondent's schools.
Petitioner requests that respondent's transportation policy be examined and corrected.
Respondent asserts that its transportation policy is legal and valid. Respondent contends that its use of public transportation, even if a transfer is required, is acceptable and it has no obligation to provide a private carrier for all students. Respondent states that it would incur prohibitive costs if required to provide private carriers for late transportation from all nonpublic schools. In accordance with Education Law 3635, a board of education is required to provide transportation to certain students because of the distance between their homes and the schools they legally attend. While school districts are not required to provide late buses for either public or nonpublic pupils pursuant to Education Law 3635, many districts do so to permit students to remain at school after the end of regular classes to participate in additional school-sponsored activities.