By Stephanie Petrellese

The transportation status of 118 students will be changed this September if the Garden City Board of Education accepts recommendations proposed by Superintendent Dr. Robert Feirsen at an April 7th work session. The alterations are needed because the school district's current transportation policy is not consistent with New York State law at the primary and elementary school levels.

"We don't want to harm anybody," said Dr. Feirsen. "We don't want to create havoc. However, it is my responsibility to point out to you what the law requires. It is our responsibility I think as a district to have a policy that's consistent, that treats kids equally, that doesn't discriminate one way or another and make arbitrary decisions based on what the state would not recognize as valid criteria."

Policy #8400 stipulates that transportation should be provided for students in kindergarten through grade five who live more than one-half mile from their respective elementary or primary school; for students in grades six through eight who live more than three-quarters of a mile from the middle school; and for students in grades nine through twelve who live more than one-and-one-half mile away from the high school. The distance is measured by the nearest available route from home to school. The district's thresholds are lower than what state law requires.

The policy provision that conflicts with state law reads that "in addition to distance, [transportation] consideration shall be given to elementary school students if the route to school would require them to cross a street with a volume of traffic in excess of 500 vehicles per hour at arrival or dismissal times."

"While this provision may appear reasonable, we have been informed by counsel that it does not conform to New York State regulations, which clearly indicate that mileage must be the determining factor for eligibility for transportation," said Dr. Feirsen. "School district policies cannot contravene state law or regulation."

Therefore, as of September, Dr. Feirsen has recommended that the transportation department revise routes to end the busing of students who live less than one-half mile from Hemlock, Homestead and Stewart Schools, with the exception of the areas he proposes be designated as Child Safety Zones.

These zones, which are explained in the Child Safety Transportation Act of 1992, provide the one exception to the mileage-only criterion. School districts do not have to follow a mileage-only criterion if the area in question is designated a Child Safety Zone due to extremely hazardous conditions. Points are assigned to various types of hazards, which fall into three types: highways without sidewalks or adequate shoulders, highway intersections and highway-railroad grade crossings. Alternate routes to school must be considered before a Child Safety Zone is designated.

School districts are not required to establish these zones and Dr. Feirsen said it is a very rare occurrence. However, Dr. Feirsen has recommended to the Board that the following areas be established as Child Safety Zones: The area within the Stewart Avenue walk-in zone located south of the Stewart Ave./Clinton Rd. railroad crossing (St. James South through the "tree streets"), and the area within the Stewart School walk-in zone located west of the school and south of Stewart Ave. (which includes Butler, Coventry, Emmet and Devereaux).

Dr. Feirsen has also proposed a Child Safety Zone be established within the St. Joseph's School walk-in zone located north of the Franklin Ave. railroad track crossing. The Board of Education will now work with counsel to determine the legal steps required to designate the areas as Child Safety Zones.

"I think this solution that I am recommending to you [the Board] enables some of the students who currently receive transportation and live within the walking zone, to retain their transportation because we clearly have identified hazards," said Dr. Feirsen. "The other places, I'm certainly not saying that those areas are not heavily trafficked, that they don't pose some challenges, that they don't pose some dangers, but unfortunately they do not rise to the level that the state recognizes."

Dr. Feirsen said that if the district decided to lower the mileage limit to allow the affected students to retain their transportation, the total number of estimated students needing to be bused would rise to 300 since all primary and elementary school students living within the same mileage limits would be eligible. Six additional full-size buses, at a cost of $133,000 each, would need to be purchased, totaling $798,000. Additional drivers would need to be hired, at a cost of $35,000 each for a total recurring cost of $210,000. Additional space would also need to be acquired since the current bus garage would not be able to house the new buses.

Students who receive transportation through an Individual Education Program would not be affected.

The superintendent first sensed a problem after receiving numerous requests from parents for re-evaluation of their child's transportation status. District counsel was instructed by administration to research the policy. After they found an issue existed, the Board of Education directed the administration to study the topic and make recommendations.

A 13-member transportation study group was formed in January, comprised of representatives from the four Village property owners' associations, as well as the superintendent, assistant superintendent for business and finance, Inspector Kenneth Jackson from the Garden City Police Dept., the principals of Hemlock, Stewart and Homestead and St. Joseph's Schools, and the district's transportation supervisor and assistant transportation supervisor. Robert Mangan, the Village's director of Public Works, also assisted the committee.

Dr. Feirsen emphasized that the discussion of the transportation policy was not driven by budget concerns. The proposed school budget assumes the same level of service as the current year. "It is not a matter of money," he said. "The savings would be minimal....The Board is not doing this to penalize anyone and not to create a hazard. It's to fill its obligation to treat everyone fairly and to do it within the parameters set by state law."

These changes will cause traffic to increase at the primary and elementary schools. Dr. Feirsen said the committee does not consider it will be a problem at the primary schools. However, at Stewart School, increased traffic is the reason behind a series of changes recommended to the arrival and dismissal procedures starting in September. During arrival, buses will discharge passengers in the circle off Stewart Ave., and cars will discharge passengers along the outer lane in the Stewart School circle off Clinton Rd., which is currently used by buses.

At dismissal, buses will use the circle off Clinton Road, and parents will pick up children in the circle off Stewart Ave. The Garden City Police Dept. will be requested to help address any traffic issues that arise.