Dayton Public sues Ohio, says busing changes are unconstitutional

A child walks onto a Dayton Public Schools bus on Dearborn Avenue on Tuesday, Aug. 12. It was the first day of school for many Dayton Public Schools students. BRYANT BILLING / STAFF

Credit: Bryant Billing

Credit: Bryant Billing

A child walks onto a Dayton Public Schools bus on Dearborn Avenue on Tuesday, Aug. 12. It was the first day of school for many Dayton Public Schools students. BRYANT BILLING / STAFF

The Dayton Public Schools Board of Education has filed a lawsuit against the state of Ohio trying to stop the state’s enforcement of a new provision in the state budget that blocks DPS students from using school-purchased bus passes to change buses in the downtown bus hub.

DPS previously bought Greater Dayton Regional Transit Authority passes to transport high school students to and from school. The state requires public schools to transport any student in grades K-8 who lives in the city of Dayton to their school if they live more than two miles away.

The most recent state budget included a provision that blocked Montgomery County students to use school-issued bus passes to transfer in the downtown Dayton bus hub. Since that bus hub is used by the RTA to transfer dozens of routes across the city, the change in the law effectively blocks Dayton Public from buying bus passes for students.

Students now have to make their own way to school.

“While DPS is not required to transport high school students to and from school, the practical reality is that if DPS does not provide transportation to its students, many of them will not have a safe means of transportation to and from school,” the lawsuit said.

Other districts in Montgomery County, such as Huber Heights City Schools, don’t bus high school students. But Huber Heights does not purchase bus passes for students.

“This effect will be harmful to students and families who do not have the financial capabilities to provide their own forms of transportation to and from school,” the lawsuit said.

The lawsuit, filed in Franklin County Court of Common Pleas, argues the amendment in the state law is unconstitutional under Ohio’s Uniformity clause because it only applies to DPS.

The district is asking for a temporary restraining order and a preliminary injunction against the state’s new law.

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