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AN ANALYSIS of COURT CASES INVOLVING SCHOOL TRANSPORTATION in the K-12 SETTING by ANDREW JAY PAGE DAVID DAGLEY, COMMITTEE CHAIR

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AN ANALYSIS of COURT CASES INVOLVING SCHOOL TRANSPORTATION in the K-12 SETTING by ANDREW JAY PAGE DAVID DAGLEY, COMMITTEE CHAIR AN ANALYSIS OF COURT CASES INVOLVING SCHOOL TRANSPORTATION IN THE K-12 SETTING by ANDREW JAY PAGE DAVID DAGLEY, COMMITTEE CHAIR ANN GODFREY C. JOHN TARTER STEVEN TOMLINSON FOSTER WATKINS A DISSERTATION Submitted in partial fulfillment of the requirements for the degree of Doctor of Education in the Department of Educational Leadership, Policy, and Technology Studies in the Graduate School of the University of Alabama TUSCALOOSA, ALABAMA 2013 Copyright Andrew Jay Page 2013 ALL RIGHTS RESERVED ABSTRACT The purpose of this research is to provide school transportation supervisors and superintendents a set of guiding principles to refer to when administering and implementing school transportation programs. School transportation supervisors and superintendents need the practical knowledge of the rulings in recent court cases to develop policies and procedures for their school district. A solid base of knowledge in the current legal interpretations of statutes and policies will equip school transportation supervisors with vital knowledge to limit potential liability in the administration of school transportation programs. This dissertation is a qualitative, historical, document-based study of the legal cases related to school transportation from 1988-2011. The cases were briefed and analyzed to determine the issues, outcomes, and trends involving school transportation law. The analysis provided 38 guiding principles for school transportation supervisors and superintendents. The analysis reveals that the major issues of litigation were contracting for school transportation, eligibility for school transportation, district policies and procedures, the Common Carrier Doctrine and duty of care owed to students, and desegregation. From these issues, the analysis concluded the following: (1) courts were reluctant to intervene in local school transportation decisions concerning interpretation of statutes and policies; (2) an increase in the assertion of private and parochial school students to receive public school transportation services; and (3) an increase in court scrutiny over issues where the school district owed a duty of care to the student. School transportation supervisors and superintendents need to be cognizant of these trends to effectively implement school transportation programs. ii DEDICATION This dissertation is dedicated in memory of my grandfather, Cecil Isaac Warren. iii ACKNOWLEDGMENTS I would like to thank my dissertation chairperson, Dr. Dave Dagley, for his patience, encouragement, and insight into this dissertation. He provided the keen insight when I would come to an impasse, and I will always appreciate his positive feedback and his enthusiasm for my work. I would like to thank Dr. Foster Watkins for never giving up on my efforts and always offering positive encouragement throughout this process. He never gives up and never tires when it comes to his students. You have truly been the Grand Mentor to me. I want to thank Dr. Ann Godfrey, Dr. Steven Tomlinson, and Dr. John Tarter for their time and for the critical feedback that they provided, which was needed during this research. I was truly honored to work with such an outstanding and professional committee. I would like to thank Cullman Middle School Principal, Mr. Lane Hill, and Cullman City Schools Superintendent, Dr. Jan Harris, for their belief in me and their support in this project. I cannot thank Mr. Hill enough for his guidance, mentoring, and just the plain, practical good sense he has provided to me in the seven years we have worked together. He is a true leader in every sense. I appreciate the support he provided to me as I worked on this project. I want to thank Dr. Harris for her unwavering support and positive attitude. She truly wants her administrators and teachers to grow professionally and will support them to the end in their endeavors. I appreciate her constant positive feedback and the many instances where she has provided guidance to me in my role at Cullman City Schools. I want to thank my family. To my wife, Alice, I appreciate your encouragement, support, and providing me the ability to pursue this project. I could not have completed this dissertation iv without your support. To my daughters, Mary Claire and Anna, thank you for the joy and excitement you bring to my life. To my parents, Andy and Liz Page, I cannot thank you enough for the sacrifices that you have made to allow me to get to this point in my life and professional career. I do not think that a person could have more caring and supportive parents. v CONTENTS ABSTRACT .................................................................................................................................... ii DEDICATION ............................................................................................................................... iii ACKNOWLEDGMENTS ............................................................................................................. iv LIST OF TABLES ......................................................................................................................... xi LIST OF FIGURES ...................................................................................................................... xii I INTRODUCTION .....................................................................................................................1 Introduction ..........................................................................................................................1 Statement of the Problem .....................................................................................................2 Significance of the Problem .................................................................................................3 Purpose of the Study ............................................................................................................7 Positionality of Researcher ..................................................................................................8 Research Questions ..............................................................................................................8 Definition of Terms..............................................................................................................9 Limitations of Study ..........................................................................................................12 Assumptions .......................................................................................................................13 Organization of the Study ..................................................................................................13 II REVIEW OF LITERATURE ..................................................................................................15 Introduction ........................................................................................................................15 Transportation to Private or Parochial Schools .................................................................17 Everson v. Town of Ewing Board of Education ..........................................................19 Wolman v. Walter ........................................................................................................20 vi Establishment Clause Arguments ................................................................................22 Transportation to Achieve Racial Integration ....................................................................24 Opposing Views to Busing ..........................................................................................25 Early Court Cases ........................................................................................................26 The Busing Decade ......................................................................................................28 Elimination of Busing Mandates .................................................................................30 Recent Desegregation Cases ........................................................................................32 Contracts ............................................................................................................................34 Language of Contracts .................................................................................................35 Proponents of Contracting School Transportation Services ........................................36 Opponents of Contracting School Transportation Programs .......................................38 Litigation over Contracts in School Transportation .....................................................39 Summary ............................................................................................................................41 III METHODS AND PROCEDURES..........................................................................................42 Introduction ........................................................................................................................42 Qualitative Research ..........................................................................................................43 Document-based Research ...........................................................................................44 Research Questions ............................................................................................................45 Procedures ..........................................................................................................................45
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