Judge Signs Order/Prevents Students from Riding Bus 4 hours a day
Pulaski County Circuit Court Judge Jay Moody has signed the temporary restraining order in the Paron school Case in which the parents at Paron School District sued the Arkansas State Board of Education for closing their school. One of the main issues was the four hours a day (2 hours one way) on the bus that many of the students would endure. See excerpts from the Order below:
I don't have to tell the people or media who know me how much pleasure the information in this Order brings me. On March 16, 05, I sent out an email to all legislators, media, and numerous contacts across the state about the long bus rides before the HB1289 was passed which allowed the closing of isolated districts. An excerpt from it follows:
"At least 13 isolated schools could have kids riding 3 1/2 to 4 1/2 hours a day and at least 9 could have kids riding 3 hours a day if HB1289 passes Senate. HB1289 has already passed the house." I explained about the 15 to 20 minute transfer time from one bus to the other that this superintendent in this court case witnessed to that would automatically add 30 to 40 minutes a day when any school was closed plus the extra time on the bus from one school to the next one.
The media kept shortening the bus rides and even ridiculing those of us who talked about the long bus rides implying that we were exaggerating the length of the rides. I now have been justified. There are many schools in Arkansas that have long rides that are not considered isolated districts. I sent out another email in 2004 showing that 24 schools out of the 102 schools I contacted that if consolidated would have a minimum of 4 hours travel time.
Below are excerpts from the Court Order:
"The Bryant School District's current transportation plan involves running three bus routes in the Paron area, delivering the Paron students to Paron High School, and then dividing them onto two buses for the ride from Paron to the Brant schools. This plan will require a bus ride for Paron students of up to two hours each way, not counting the time it will take for the students to transfer from the Paron buses to the Bryant buses at Paron High School. Robert Smalley, the retiring Superintendent of the Alpena School District, who is familiar with this type of transportation plan, testified that the transition from the Paron buses to the Bryant buses could add about twenty minutes to the time it would take Paron students to reach Bryant High school and Bryant Middle School. There will be no buses provided to Paron students who wish to engage in after-school activities at the Bryant Schools."
"6. Plaintiffs presented evidence that the bus rides which will be required of them if Paron High School is closed would have a negative effect on their education and deprive them of an equal opportunity for an adequate education. They testified that the long bus rides will limit the ability of Paron students to fully participate in co-curricular and extra curricular activities of Bryant High School and Bryant Middle School. The distance between Paron and Bryant will also limit the ability of the parents of Paron students to support their children and become involved in the activities at Bryant High School and Bryant idle School. Also, students who spend up to four hours a day on a bus will have significantly less time to spend with their families, to do their homework, to hold after school jobs or to assist with the care of their siblings. There was no evidence that the time spent on the bus would be beneficial to the students. There was evidence, however, that the Paron students would be required to spend significant amounts of time riding in the dark on dangerous roads and that, in the winter time, they would see their houses in the daylight on weekends."
For rest of article, see first comment below
There is some more really interesting stuff in the Order, some of it about the ADE schemes and deception at this link.
I don't have to tell the people or media who know me how much pleasure the information in this Order brings me. On March 16, 05, I sent out an email to all legislators, media, and numerous contacts across the state about the long bus rides before the HB1289 was passed which allowed the closing of isolated districts. An excerpt from it follows:
"At least 13 isolated schools could have kids riding 3 1/2 to 4 1/2 hours a day and at least 9 could have kids riding 3 hours a day if HB1289 passes Senate. HB1289 has already passed the house." I explained about the 15 to 20 minute transfer time from one bus to the other that this superintendent in this court case witnessed to that would automatically add 30 to 40 minutes a day when any school was closed plus the extra time on the bus from one school to the next one.
The media kept shortening the bus rides and even ridiculing those of us who talked about the long bus rides implying that we were exaggerating the length of the rides. I now have been justified. There are many schools in Arkansas that have long rides that are not considered isolated districts. I sent out another email in 2004 showing that 24 schools out of the 102 schools I contacted that if consolidated would have a minimum of 4 hours travel time.
Below are excerpts from the Court Order:
"The Bryant School District's current transportation plan involves running three bus routes in the Paron area, delivering the Paron students to Paron High School, and then dividing them onto two buses for the ride from Paron to the Brant schools. This plan will require a bus ride for Paron students of up to two hours each way, not counting the time it will take for the students to transfer from the Paron buses to the Bryant buses at Paron High School. Robert Smalley, the retiring Superintendent of the Alpena School District, who is familiar with this type of transportation plan, testified that the transition from the Paron buses to the Bryant buses could add about twenty minutes to the time it would take Paron students to reach Bryant High school and Bryant Middle School. There will be no buses provided to Paron students who wish to engage in after-school activities at the Bryant Schools."
"6. Plaintiffs presented evidence that the bus rides which will be required of them if Paron High School is closed would have a negative effect on their education and deprive them of an equal opportunity for an adequate education. They testified that the long bus rides will limit the ability of Paron students to fully participate in co-curricular and extra curricular activities of Bryant High School and Bryant Middle School. The distance between Paron and Bryant will also limit the ability of the parents of Paron students to support their children and become involved in the activities at Bryant High School and Bryant idle School. Also, students who spend up to four hours a day on a bus will have significantly less time to spend with their families, to do their homework, to hold after school jobs or to assist with the care of their siblings. There was no evidence that the time spent on the bus would be beneficial to the students. There was evidence, however, that the Paron students would be required to spend significant amounts of time riding in the dark on dangerous roads and that, in the winter time, they would see their houses in the daylight on weekends."
For rest of article, see first comment below
There is some more really interesting stuff in the Order, some of it about the ADE schemes and deception at this link.
posted by Debbie Pelley at Friday, June 30, 2006
92 Comments:
Judge Signs Temporary Restraining Order/Prevents Students from Riding the Bus 4 Hours a Day
Judge Moody of the 8th Circuit Court has signed the temporary restraining order in the Paron school Case in which the parents at Paron School District sued the Arkansas State Board of Education for closing their school. One of the main issues was the four hours a day (2 hours one way) on the bus that many of the students would endure. See excerpts from the Order below:
I don't have to tell the people or media who know me how much pleasure the information in this Order brings me. On March 16, 05 I sent out an email to all legislators, media, and numerous contacts across the state about the long bus rides before the HB1289 was passed which allowed the closing of isolated districts. An excerpt from it follows:
"At least 13 isolated schools could have kids riding 3 1/2 to 4 1/2 hours a day and at least 9 could have kids riding 3 hours a day if HB1289 passes Senate. HB1289 has already passed the house." I explained about the 15 to 20 minute transfer time from one bus to the other that this superintendent in this court case witnessed to that would automatically add 30 to 40 minutes a day when any school was closed plus the extra time on the bus from one school to the next one.
The media kept shortening the bus rides and even ridiculing those of us who talked about the long bus rides implying that we were exaggerating the length of the rides. I now have been justified. There are many schools in Arkansas that have long rides that are not considered isolated districts. I sent out another email in 2004 showing that 24 schools out of the 102 schools I contacted that if consolidated would have a minimum of 4 hours travel time.
Below are excerpts from the Court Order:
"The Bryant School District's current transportation plan involves running three bus routes in the Paron area, delivering the Paron students to Paron High School, and then dividing them onto two buses for the ride from Paron to the Brant schools. This plan will require a bus ride for Paron students of up to two hours each way, not counting the time it will take for the students to transfer from the Paron buses to the Bryant buses at Paron High School. Robert Smalley, the retiring Superintendent of the Alpena School District, who is familiar with this type of transportation plan, testified that the transition from the Paron buses to the Bryant buses could add about twenty minutes to the time it would take Paron students to reach Bryant High school and Bryant Middle School. There will be no buses provided to Paron students who wish to engage in after-school activities at the Bryant Schools."
"6. Plaintiffs presented evidence that the bus rides which will be required of them if Paron High School is closed would have a negative effect on their education and deprive them of an equal opportunity for an adequate education. They testified that the long bus rides will limit the ability of Paron students to fully participate in co-curricular and extra curricular activities of Bryant High School and Bryant Middle School. The distance between Paron and Bryant will also limit the ability of the parents of Paron students to support their children and become involved in the activities at Bryant High School and Bryant idle School. Also, students who spend up to four hours a day on a bus will have significantly less time to spend with their families, to do their homework, to hold after school jobs or to assist with the care of their siblings. There was no evidence that the time spent on the bus would be beneficial to the students. There was evidence, however, that the Paron students would be required to spend significant amounts of time riding in the dark on dangerous roads and that, in the winter time, they would see their houses in the daylight on weekends."
"7. Courts in desegregation cases, where fundamental constitutional rights are at stake, have balanced the need to remedy constitutional violations with concern for the detriments of excessive transportation time. One example is the Eighth Circuit Court of Appeals decision in the Pulaski County desegregation case. "We authorized the District to 'allow deviation beyond the [prescribed percentage] ranges in black enrollment if necessary to keep one-way busing times within the forty-five minute limit…….particularly where the time or distance of travel risks damage to the health and education of school children." ….."
"In Tasby v Wright, 520 F. Supp 683 (N.d. Texas 1981), a federal court considered the imposition of transportation times which, in most instances, would exceed one hour each way. The Court said that "[t]his amount of time spent riding a school bus for desegregation would 'significantly impinge on the educational process."………."
"For the reasons set forth above, and based on the other evidence presented at the preliminary injunction hearing, the Court finds that Plaintiffs will suffer irreparable harm in the absence of a temporary restraining order and that Plaintiffs have demonstrated a reasonable likelihood of success on the merits of the case. Defendants are ordered to take no action consistent with the closing of Paron School and are ordered to take all steps within their power to assure that Paron High School will remain open and operate in accordance with the standards required of other Arkansas high schools for the 2006-07 school year pending further order of this Court. The parties are further ordered to immediately notify the Bryant School District of this decision and to cooperate with and assist the Bryant School District as required by Ark. Code Am 6-15-206(e). The case is remanded to the State Board of Education for a hearing pursuant to the Administrative Procedures Act."
IT IS SO ORDERED THIS 29TH DAY OF June, 2006
Jay Moody
Circuit Judge
For more interesting stuff in the Order including deceptive techniques by the ADE go to this link: http://www.cparkansas.org/paronstay.pdf
This seems to be the first real breakthrough in the fort that has been so strong in the war against the rural schools. Maybe we can beging to chane things around.
I understand that Elaine has also filed a suit against ADE. Maybe someone can post that information as well.
Personal Experience With Long School Bus Rides
(I wrote this a couple years ago.)
Some legislators say there are no extremely long bus rides in Arkansas and that consolidation won’t put some kids on school buses for extremely long rides. To check out one of these long bus rides, I followed a Highland School bus on route in the afternoon after school. Highland has an enrollment of 1479 and is a consolidation of Ash Flat, Hardy and Cherokee Village already. Evening Shade and Wiliford would be likely prospects to consolidate with them. Wiliford has about 271 students and Evening Shade 200 students. I have been tolde it would be more than 2 hours each way for Evening Shade and probably Wiliford too. That would be over 4 hours round trip.
The bus began loading at 3:05 at the high school. The bus made it’s last stop at 4:45. That means that a few of those students were on that bus either sitting while others were loading or riding for 1:40 minutes one way. In bad weather the ride would be longer. And some of those students could be as young as 5 years old
This bus did not waste time. The driver did not drive dangerously, but I had difficulty keeping up in my car on the very rough, hilly, curvy roads when there would be a good distance between stops. The bus crossed 7 low water bridges during this route. At the end of the route the bus was 29 miles from the school. I rode the bus myself growing up in Arkansas but have never been on a route like that before. I would have real concern if a child of mine of any age had to ride these long distances on this type of road day after day, not only because of the tediousness but also for the safety aspect.
This school had to alter one of its bus routes recently because a little girl could not be on the bus that long without having to go to the bathroom.
The bus driver said it was hard on the driver because of the need to go to the bathroom. As soon as the driver had a chance after dropping off the last kids, he had to stop at a service station and use the bathroom before ending his time on the bus.
Bobby L. Hester
blhester@futurelinc.com
Check Out This Web Site: http://www.afaar.org
There are rumors circulating in Saline County about building a new school somewhere around intersection of AR 5 and 9 highways. This ties in with rumors of one or more private communities to be developed in that same area. If true, it would be of some help to Paron students. You might check it out with Shane Broadway.
When the Murphy Commission did the indepth study of Arkansas schools they suggested consolidation.
But it was consolidationg ADMINISTRATION not closing schools.
And the Administration is growing and growing and growing.
There must be something about Education that generates insanity. Although we probably shouldn't expect too much from people who majored in sandbox and beanbag; and then there's the teachers! Personally, I'm in favor of boarding schools. If it was good enough for the Indian kids, then it sure as heck ought to be good enough for AR-Kids. But seriously... you're going to bus kids for how many hours a day? Are you nuts?
It doesn't seem that the media really cares one way or another for the students or their families. They just want issues to arise for their articles they need to write. It's about who is going to get the money. If the school district is closed the bigger districts get more money. Whose pocket is going to get heavier?
Why don't the parents educate their children at home. It avoids the 3 1/2 to 4 hour bus rides. The children are the only ones to suffer so why not educate them at home? The smaller disticts probably have a better education than the larger ones too. By bringing better educated children to the larger districts the grade point average will probably go up unless the students are too exhausted from their daily bus rides and won't get enough physical activity. What happens if they miss their bus? We always hear how the liberal media is standing up for the little guy. This is just another example of the liberal bias. They want to take away from the little guy and put it into their own pockets and blame the conservatives. They will probably want to raise all the taxes to pay for the added gas cost for the school. Can you imagine the cost of running the buses? It also means longer hours for the bus drivers and a big expense. We'll have to raise taxes for their salaries too.
I cannot believe that anyone really believes these long bus rides don't cause a plethora of problems for the children, the families and the schools. I am surprised that Mr. "Look at me, I'm thin Huckabee" hasn't had a fit over the forced inactivity of these children.
What is the TRUE agenda of our Department of Education and our school boards? None of this makes sense.
Why are they not looking for ways to continue a healthy, learning atmosphere for the children? What's wrong with distance learning for some of the more "obscure" and advanced placement courses?
God forbid, what about a catastrophic accident occuring on the bus route or to the children driving those roads. Who will take the blame? I hope the people who forced them to be on the roads in the first place.
Let us hope these people will come to their senses and stop the insanity.
Hopefully this will continue to be the rule...that our kids, and grandkids for some of us, will not have to be subjected to the state mandating long bus rides from home in order to fulfill some utopian dream of the courts! It is high time to hold everyone's feet to the fire politically and let them know that if they go against our kids and our local/rural schools we will go against them at the ballot box. This is a bunch of nonsense and does nothing to further education. Education involves teaching, discipline, application, committment, and pride in oneself and that ole' school spirit!
Let's thank God and ask Him to protect our schools against Big Brother and ambitious politcians whose only interest is the next election!
DeAnn Donner,
Manila, AR
Considering the long rides for school children - wouldn't it be more feasible to support additional teachers, and/or textbooks, and schools, rather than up to four hours of bus rides. Kids do have feelings too, you know. Some schools spend more money on sports; gyms, equipment, etc. than an addition to those schools would require. The idea that parents, themselves, should spend additional money in order to keep a full range of activities available for their children...when others do not, is ludicrous, and what about when a coach is tempted to pay the way for one of his best players..it makes as must sense as many of the decisions being made at the state level, these actually should be local decisions, who knows better than a parent, what their children need. Some have suggested that those areas are the "outback", as though we were still in the mid-1800's sending our children back to Boston for education...I have seen it in print that some have suggested that families should move from their family farms into "town"? seems to me it would only be to appease the "townies", who most likely, in the not far off past, had parents and/or grandparents who lived "out there". I think that they often bragged about walking to school - up hill all the way, and barefoot.
These rides are absolutely unnecessary, what about some of these "highly intelligent" people in the senate and house showing some of it and finding a better solution?
When we had money in the general fund, why did someone in the legislature not suggest that it be used on these schools, rather than rodeos and such?
Thank you,
Remember the generation who told us, "I walked five miles to school, barefoot, on hot rocks, up hill all the way, and didn't break a sweat."
Now, do we need a generation who will tell their children, "I rode the school bus for four hours, got beaten up every day, couldn't breathe for the others' sweat because it took too much more gasoline to turn on the air conditioner, the driver taught us all sorts of good jokes, something like the textbooks, which were nothing like my mother remembers - they had really good stuff - and pictures!!!!! Some uncool kid had to say, "Jesus" every day, trying to mess up our day, but, my teacher said that I didn't need to listen to the stuff about God. They tried to get us to study on the trip, but, sometimes I could get a couple of naps in. A couple of times a week when we got to school, I was kind of groggy so asked to be sent to the office so I could go home.
While there was the extra millions in the general fund and all were so excited about what it could be used for, why didn't someone decide to help these schools, rather than build rodeos and such. Some took home $300,0000 for "good ole boy" stature.
Why are some schools able to build new gyms and buy equipment like it was going out of style, yet we are told that others must send their children on busses for four hours.
With all of those in the house and senate who continually tell us of their intelligence, could they please stand up and suggest the answer to replace this ludicrous idea of wearing out the kids before their study day begins?
Simply ask this question of the Sen. Argue and Mike Beebe and Ken James and all the other bureacrats who want to shut down schools in small towns -- what if it were YOUR school? What if it were YOUR children facing discrimination? What if the state tried to break up the Little Rock schools?
You'd have a revolt.
As attention is drawn to the community of Paron may we all review the great State of Arkansas and our surroundings. The state and its beauty would change if not for our rural areas and suclusion. We live here for a reason. Although some of us have no choice but to live out of the metro areas for they do have the means to pull up and move. The bottom line is 12 hour days for children after you factor in the school day and the bus ride is not a workable day for a 12 year old child. I really believe that even a 10 hour work day is not feasible. How many of you adults work 12 hour days and like it? Keep in mind also that many of these kids will be passing a school to go to school. Its time to review our guidelines for education.
"Defendents assurred the court on two ocassions that no action to close down Paron High could or would take place prior to 01 July, 06"....However ...Dr. Abernathy testified at a hearing he has already transferred the teachers.........the plantiffs produced an email in which Dr. Abernathy said he moved computers out of Paron High.
Ouch.
When it comes to educating our children, I have yet to figure out where some of our legislators and the ADE park their brains. It certainly isn't in the lot of common sense. They pay for studies to be done and don't pay attention to them or they are told to get a study done (on bus rides) and don't do it. How dare these people say they are looking out for our children! Somehow moving all of our students "to town" and dumping them in to increasingly larger campuses must make these people feel like they are eliminating the "rural" in Arkansas. What they are eliminating is our children's right to a good education and to have a life. Act 60 was suppose to save money in administration costs, not close schools. Again, I say where are the brains? Hopefully the brains will be in the voting booths to vote against those who can't be bothered about the education of the rural children in the state.
"8th Circuit Court"--
Do you mean the 8th Circuit Court of Appeals in St. Louis full of those activist federal judges you flat-earth people bitch about?
Why aren't you calling Judge Moody an activist Judge? After all, he essentially gutted an act of the legislature (the people) which you all rail about when it happens on causes you are against, but here...
I believe that judges,schoolboard members,superintendants,legislators,etc, should have to ride the longest ride on a school bus before being given that position, voted in or otherwise. Our education system began its' downtown with bussing. It's all about money, you want to beat it, pay attention and ask questions next time you vote. Get involved.
5:32 you have got it all wrong. The judges have not over-ruled an act of the legilsature at all. Instead they ruled that the state board of education did not comply with ANOTHER act of the legislature in their efforts to comply with the school consolidation act.
Read the link to the ruling. It is all right there. This is not an example of judicial activism at all. They are applying existing law to an unelected board.
It will be very disappointing if these kids have to ride the bus that far and that long. It will be counterproductive to increasing test scores and raising AR Education to compete at the national level with other states.
It is incredible to think we are putting our childrens education at risk by closing their schools and shipping them out of their communities.
I am truly disappointed in our state legislature and all the garbage that is going on in education. Who is thinking of the children? By the time children complete their school day and home work, most children have already put in well over 8 hours a day. Not many people in the great USA have to put in as many hours for work as children have to do for school.
So much of the school money is spent on things that are not necessary for a child's education. For instance, P.E. courses have their place, but I personally feel too much emphasis is placed on athletics. If some of the athletics were dropped, there would be more money to hire teachers for subjects that aren't currently available.
Also, I don't see how the Arkansas legislature honestly believes they can give every child an equal eduation. IT IS NOT POSSIBLE!!!!
Some kids are more intelligent than others, face the facts. At the same time, some teachers are better teachers than others. Even if the state required every school to teach the exact same courses, some children would get a better education than others. This is due to student intelligence and motivation, and teacher ability and dedication.
Why in the world would you want to pull children out of small schools where they are known and loved, to place them in large schools, where they are just one of the multitude? The larger the school, the less attention each child will get.
And 4 hour bus rides? How about saying every state legislature must move at least 120 miles from Little Rock and commute every day to work. Suppose you were not allowed to stay any closer to Little Rock while in session. In addition, you would not be allowed to drive your own vehicle, but must ride on a bus daily, both directions. You must catch the bus at the currect time, or call home and have someone come and get you. By the way, your bus would have no bathroom and would not stop til the route was complete. In addition, the bus ride home is to be filled with people who have been cooped up all day and are sweaty. Everyone is tired and cranky and of course you have those who like to irrate others. Now maybe you know a little about how the kids feel.
Please think of the children. There is nothing wrong with small schools! Kids need security! Give them what they really need, not what some judge wants them to have!
Public schools belong to the government. We have less of a chance in beating liberalism in public schools than we do in government.
We can deny this and keep sacrificing generations of children on the altar of government schools, or we can admit it and take the responsibility for educating our children away from the government.
The Paron school lawsuit has brought to the public's attention what has been going on all over the state in the last two years since our legislature passed Act 60. Did our legislators intend to close down all schools with enrollment under 350? With about 50 small schools closed since Act 60 was enacted, they are well on their way to doing just that. If our legislators' intent was not to close all small schools, they should examine in January the results of Act 60 and enact some relief for small schools left, especially isolated schools. If their intent was to close all small schools, regardless of their academic performance, or the busing distances, we need to clean house in the next election.
I am a retired career teacher. I do not believe that a child who has spent hours on a bus will physically be in shape to learn as well as if he did not have to ride that long on a bus. If we stop teaching junk and focus on important information and quit spending undue amounts of time teaching to a standardized test, our children throughout the state would perform better. It requires parents to spend time with their child and see that he can read and write and do arithmetic. Every child should have multiplication tables memorized and those children who do not, do not perform as well as those who do.
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