But Department of Education vows an immediate appeal
Nearly 3,000 Island students lost their free rides to school due to planned cuts to yellow bus service.STATEN ISLAND, N.Y. --
A Supreme Court judge ruled today that the city's decision to take away yellow bus service for thousands of seventh and eighth grade Staten Island students was made "without concern for the welfare and safety of the affected students."
In a 26-page decision, the Hon. John Fusco said he was "sympathetic" to the city Department of Education for having to make tough budget cutbacks, but said taxpayers residing in the five boroughs "deserve" more thought first, including studies demonstrating there would be minimal impact on students should the transportation be taken away.
"This court is aware of the painstaking work involved in reaching the decisions that affect the citizens of this city, whether those decisions are received with applause or anger," the ruling reads. "However...budgetary decisions that affect pupil education cannot be made on assumptions without a factual basis to support those assumptions."
Parents and local elected leaders had filed a contentious lawsuit against the city after school bus variances were taken from nearly 3,000 seventh- and eighth-graders across the borough starting this school year.
City Councilman Vincent Ignizio (R-South Shore) said he was thrilled by the ruling, but that the fight isn't over just yet. The city still has the opportunity to file an appeal, which could keep the buses off the roads as it is being reviewed in court.
"We're extremely happy that the judge saw it as an act that was made arbitrarily and capriciously and endangered children," he said. "Our hope is that the new chancellor will take a fresh look at this and not seek to appeal."
Ignizio said he would reach out to newly-appointed School Chancellor Cathie Black this week to discuss the issue.
It was clear from the city's response to the decision, however, that his conversations could prove fruitless.
"The city and its Department of Education strongly disagree with the court's conclusion that the DOE's budgetary decision to discontinue yellow-bus transportation for 7th and 8th graders in Staten Island and on the Rockaway Peninsula was arbitrary and capricious," a statement issued by the city law department read. "In determining that these students must be provided yellow-bus transportation, while 7th and 8th graders throughout the rest of the city are not, the court ignored both the law, the record and equity. We will be taking an immediate appeal, and will invoke our automatic stay."