As a result, the Catholic schools did not change their afternoon dismissal times. Instead, this appeal resulted. In support of this request, petitioner has identified 147 families who reside in respondent district and whose children attend the five Catholic nonpublic schools in the City of Watertown. Petitioner also claims that all nonpublic school students, whether or not they are provided transportation, are affected and should be included in the class, because they all continue to have a shorter instructional day because of respondent's determination not to modify its transportation schedule. The appeal may not be maintained as a class appeal.
Petitioner presents the affidavit of two parents who want a longer nonpublic school day.
Otherwise, there is no proof that any or all of the proposed identifiable class members are in favor of a longer instructional day in the nonpublic schools. No information at all is presented as to students of the Faith Fellowship School. As a result, it cannot be said that all questions of fact and law are common to all members of the proposed class. Indeed, the factual and legal differences are greater than the similarities. The application to proceed as a class appeal must, therefore, be denied.