By Mike Caputo
Judge Richard M. Platkin's final decision was announced at a Dec. 7 hearing in Albany and released on Dec. 10. The decision puts an end to the Lawrence school board's four-month legal effort to overturn State Education Commissioner Richard Mills' order to stop district-funded busing for private school pre-K students.
In November, Judge Roger McDonough granted an adjournment, which allowed Lawrence school board legal counsel to gather affirmations from parents to demonstrate "irreparable harm" caused by the State Education Commissioner Richard Mills' decision.
During hearings held in September and October, both McDonough and Nassau County Supreme Court Judge Geoffrey O'Connell emphasized the difficulty in overturning such a decision, especially when this case didn't seem likely to succeed based upon the merits.
The Lawrence school board "has failed to meet its burden of demonstrating that the Commissioner's determination [of his order] was arbitrary, capricious, affected by an error of law or an abuse of discretion," Platkin said.
State Education Department Commissioner Richard Mills issued the original decision on Aug. 31 after reviewing a case filed by Atlantic Beach-based attorney Elizabeth Meyerson, who represented a group of 20 district residents seeking to overturn a May referendum on the busing program. The referendum authorized the district to use public funds to provide pre-K transportation for registered public- and private-school students.
The residents objected that the pre-K busing program was restricted to eight non-public religious schools, was an improper use of district funds and was against Education Law. Mills deemed that the district did not have the authority to provide busing to private school pre-K students under Education law. When Mills issued his decision, it came only days before classes started. Since pre-K busing had already been contracted for the month of September, O'Connell issued a stay that kept the buses going until further notice.
When the case's venue moved to Albany on Sept. 27, McDonough refused to extend the stay beyond the Sept. 28 deadline. Since then, there has not been district-run transportation for private school pre-K students registered in the program. Buses to the district's public pre-K program at the Number Four School were not affected in the legal decisions.
The Lawrence school board appealed to the court, and sought an order to set Mills' decision aside and allow the private pre-K buses to roll. The school board argued that education law does not "specifically authorize" such transportation, but it also does not prohibit it.
It also contended that Mills' decision was "arbitrary" and "capricious" because it overturned the May 2007 referendum vote that he originally authorized. Platkin explained that the voters cannot authorize the school board to "take actions that are [beyond powers] under the Education Law." The judge went on to say that despite Mills' decision to permit the vote, the commissioner had the right to make a "later determination that activities authorized by the referendum are contrary to state law."
Lawrence school board officials couldn't be reached for comment as of press time.
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