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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Education Law
Satisfied Customers: 116733
Experience:  Attorney handling education matters.
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The school district has a parent-paid bus program for a

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The school district has a parent-paid bus program for a middle school. It is run by one sole volunteer who reports to the district Transportation Dept. The program meeting for parents was held in that school and the principal spoke in the meeting. The bus pass applications were submitted to the school administration office and accepted by the school staff. When there were serious ethical problems in awarding the bus passes and many parents complained, can the district claim the program is run by the volunteer and refuse to do anything to fix it?
JA: Because education law varies from place to place, can you tell me what state this is in?
Customer: In San Diego, California.
JA: Have you spoken to a local attorney or school administrator? What is your ideal outcome for this situation?
Customer: There are several "area superintendents" reporting to the district superintendent, and I called the area superintendent for the middle school. Their office sent me to the district Quality Control Department and the QA head said he would not do anything to fix the current bus pass award problem but he would have a meeting in September (after the school starts in August) where parents could discuss and come up with a new bus pass award process. The bus application has in writing "first come first serve" but there were several instances that one parent in the wait-line turning in multiple bus applications. I want the district to launch an audit to weed out those who did not toil to wait in line and instead give their applications to others to turn in.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I want to know the federal and state education law related to this case, as I'd like to take the law to the district superintendent to ask her to launch an audit. The bus passes have not been paid and will be paid in Sept.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Actually, if the bus program is not actually run by the school it is considered a private busing program and they get to set their rules. The school actually cannot say much since they are not running the program and all they can do is make inquiries and change the program to some other private bus or take over bus service themselves for the following year.
State and federal education law does not get involved in this particular process, since the school is not running it. So, if there are issues you can actually sue the bus company if you would like to do so and seek a court order against them for the improper awarding of their passes, but legally the school is out of it other than acting as intermediary to try to resolve issues if the school chooses to do so.
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Customer: replied 6 days ago.
Thank you for your response.With the following facts, can we say the school district is responsible for the serious problems in the bus program and therefore has the responsibility to fix them right away?
-- The district provides two buses for the program.
-- For 11 years the volunteers have been reporting to the district’s Transportation Department.
-- The bus program and its multiple documents are posted on the middle school website.
-- On such document “Ridership Rules” provides link to the district’s Transportation Department website.
-- In May, a program meeting for parents was held on campus of the middle school.
-- The middle school principal attended the meeting and spoke at the end of the meeting.
-- It was the school staff who accepted the bus-pass applications, not the volunteer, starting on Monday after the aforementioned meeting for a period of 2 weeks.
-- The district director has told a group of complaining parents that in September they would organize a meeting for all interested parents to decide a new policy on awarding bus passes.
Thanks.
Customer: replied 6 days ago.
Additional information: the volunteer who runs the bus program is an individual and does not belong to any private bus company. Will it work if I pay an attorney (can be you) to sue the volunteer?
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
The key issue is whether or not the School directs and runs the bus service, not just they support it. So, what you say is they support the private service, but nothing indicates they are actually running it from what you are saying above. The things you say above is no different than them sponsoring any other independent company like a uniform contractor. The school is not running it, they are supporting their contractor, but that does not make them responsible for their contractor.
You can sue the company and the volunteer, but not the school, if they have committed violations or have improperly managed the service.
Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.
Law Educator, Esq. and 2 other Education Law Specialists are ready to help you
Customer: replied 5 days ago.
Would attorneys like you be able to take my case to sue the individual volunteer as she does not belong to any bus company? Or do all the experts at JustAnswer only provide expert advice by responding to inquires? In the parents’ meeting on bus pass application, many parents asked her to create and use a signup sheet, or implement whatever the stores do on Black Friday to ensure first-come first-serve, but she refused to do anything in the current 2017-2018 school year and repeatedly said she was to defer everything to the next 2018-2019 school year.

Thank you for your reply.

I apologize, but state laws forbid any of the experts on this site from representing anyone from this site. Thank you for understanding.

Your suit would be very weak here unless you can prove she has discriminated based on race/sex/disability/national origin in the assignments, this is going to be hard, because there is no law about criteria for assigning bus passengers.

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