Because these unsworn allegations were first raised in petitioner's memorandum of law, respondent had no opportunity to investigate or rebut them. I, therefore, decline to consider them as part of this case. In any event, the appeal must be dismissed on the merits. The record in this case reflects that the new schedule was developed by the director of transportation and the assistant superintendent of buildings and grounds under the direction of the assistant superintendent for business and the assistant superintendent for personnel and curriculum. After investigation, however, the director of transportation found the traffic flow was not increased during the new pick-up times and, therefore, did not create a dangerous situation.
Petitioner offers no countervailing proof that the pick-up points are unsafe.
The record also reflects that respondent carefully considered all pertinent factors in reaching its decision, including community concerns and financial benefits to the district. The new schedule enables the district to use four fewer buses and two fewer drivers to transport students to its high school, middle school and three elementary schools. The changes in transportation were discussed with building principals, including the principal of Furnace Woods school from January through the development of the school district's budget. Based on the above, I conclude that respondent has not acted in an arbitrary or capricious manner in implementing its new transportation schedule.