Posted on 11/18/21
A New York State Supreme Court judge today issued a decision and order that a school district must provide transportation to non-public school students on days that their schools are in session. The case, United Jewish Community of Blooming Grove v. Washingtonville Central School District and the New York State Education Department, challenged the school district’s policy of only providing transportation to non-public school students on days that public schools are also open, a policy that was supported and defended by the New York State Education Department.
Judge Peter Lynch ruled that New York State Education Law Section 3635 (1), which states that “Sufficient transportation facilities...shall be provided by the school district for all the children residing within the school district to and from the school they legally attend” requires the school district to provide transportation to all nonpublic school students on all days when their nonpublic schools are open for instruction, regardless of whether the public schools are open, and ordered the school district to do so. He also ruled that the State Education Department’s guidance document, which states that school districts are only required to provide non-public schools with transportation on days that public schools are open, is null and void as it violates New York State Education Law.
Rabbi Yeruchim Silber, Director of New York Government Relations for Agudath Israel, hailed the Supreme Court decision. “This is a victory not just for the non-public schools in Washingtonville School District, but for all non-public schools and their students throughout the entire state. The Court has clearly stated in its decision that New York State Education Law requires school districts to provide transportation to non-public school students on all days when their schools are open. We congratulate the United Jewish Community of Blooming Grove and their attorneys for their successful effort to obtain this extremely significant court decision. We also acknowledge the perseverance of our friends Isaac Eckstein Board Chair, and Joel Stern, Board Representative in leading this effort.”