1SIEGEL TEITLBAUM & EVANS, LLP

260 Madison Avenue - 22nd F oo! Ne" #o!$, Ne" #o!$ 10016
Te e%&one' (212) *++-0,00 Fa-si.i e' (212) *++-0,01 November 26, 2013 Mayor Michael R. Bloomberg City Hall New York, NY 1000 !e""i# M. $alcott Cha"cellor, New York City !e%artme"t o& '()catio" *2 Chamber# +treet New York, NY 1000 !ear Mayor Bloomberg a"( Cha"cellor $alcott, ," -)g)#t, 2013 o)r &irm wa# co"tacte( by a coalitio" o& %are"t# who rely o" the !e%artme"t o& '()catio".# /&&ice o& 0)%il 1ra"#%ortatio" 2/013 to tra"#%ort their #%ecial "ee(# chil(re" to a"( &rom #chool. /01 i# re4)ire( to %rovi(e a(e4)ately &or their tra"#%ortatio" )"(er the ,"(ivi()al# with !i#abilitie# -ct 2,!'-3, b)t the#e %are"t# re%orte( that #erio)# #y#temic a"( i"(ivi()al %roblem# with the b)# #ervice %rovi(e( by /01 were havi"g a" a(ver#e a&&ect o" their chil(re". Re%ort# &rom the #tart o& the 2013516 #chool year i"cl)(e &re4)e"t violatio"# o& allowable travel time a"( ,"(ivi()ali7e( '()catio" 0la"# 2,'03, )"a""o)"ce( a"( &re4)e"t ro)te cha"ge#, la#t mi")te ca"cellatio"# a"( late %ick)%#, e8ce##ive waiti"g time o" b)#e#, i"a(e4)ate trai"i"g o& (river# a"( matro"#, im%ro%er or i"a(e4)ate over#ight o& chil(re", comm)"icatio" break(ow"# betwee" /01 a"( the b)# com%a"ie#, a"( %oor comm)"icatio" with %are"t#. 1he#e i"ci(e"t# re&lect a &ail)re by /01 a"( the !e%artme"t o& '()catio" to (eliver #ervice# that meet their ow" #ta"(ar(# a"( legal obligatio"#. Chil(re" have #)&&ere( %hy#ically a"( emotio"ally, a"( thi# ha# (ee%ly (i#t)rbe( %are"t# who are alrea(y )"(er #tre## cari"g &or their v)l"erable chil(re" a"( #eeki"g to &o#ter their e()catio" a"( #ociali7atio". +i"ce the #tart o& the #chool year o)r &irm, worki"g together with 0are"t# to ,m%rove +chool 1ra"#%ortatio" 20,+13 a"( i"(ivi()al %are"t#, ha# met with /01 #ta&& member# a"( writte" letter# (etaili"g #%eci&ic %roblem# to Mr. 'ric 9ol(#tei", C'/ o& the /&&ice o& +chool +)%%ort +ervice# at the !e%artme"t o& '()catio". 1hi# :oi"t e&&ort "ot o"ly ha#te"e( the re#ol)tio" o& mo#t %are"tal co"cer"#, b)t reveale( the "ee( &or a" i"(e%e"(e"t a(vocate to work with /01 o" behal& o& %are"t# a"( chil(re".

-ccor(i"g to ma"y %are"t#, the b)#i"g %roblem# (oc)me"te( at the #tart o& thi# #chool year rec)r a"")ally. ," or(er &or /01 to cha"ge thi# %atter", 4)ickly #olve %roblem# a# they ari#e, a"( limit the

harm to chil(re", we recomme"( the a%%oi"tme"t o& a" i"(e%e"(e"t liai#o" to work with the &amilie# a"( /01. 1hi# year two %eo%le, worki"g %art time i" o)r o&&ice o" behal& o& almo#t &orty &amilie#, hel%e( to 4)ickly re#olve a wi(e ra"ge o& %roblem# while %rovi(i"g %are"t# with a m)ch5 "ee(e( i"(e%e"(e"t a(vocate. +)mmary -t the #tart o& each #chool year, %are"t# a"( chil(re" are #everely im%acte( by a wi(e ra"ge o& %roblem# with b)# ro)ti"g a"( #ta&&i"g. 1he#e i"cl)(e; 1. 1ra"#%ortatio" &or #%ecial "ee(# chil(re" re4)ire# that b)#e# have a(e4)ate air co"(itio"i"g a"( heati"g, a"( be #ta&&e( by (river# a"( matro"# who k"ow their ro)te# a"( the "ee(# o& the chil(re" they #erve. However, b)#e# &re4)e"tly lack a(e4)ate air co"(itio"i"g, ca)#i"g chil(re" to arrive at #chool or home (a"gero)#ly (ehy(rate(. -"( beca)#e o& the /01 co"tracti"g %roce##, the b)# com%a"ie#, (river#, matro"#, a"( ro)te# cha"ge &rom year to year. 'ach &all "ew (river# lear" their ro)te# while #chool i# i" #e##io", lea(i"g to week# or mo"th# o& #ig"i&ica"t late"e## i" the mor"i"g a"( a&ter"oo". Matro"# are #imilarly )"&amiliar with the chil(re" i" their care. +ome lack the trai"i"g a"( e8%erie"ce re4)ire( to a##i#t #%ecial "ee(# chil(re" %ro%erly, who o&te" ca""ot a(e4)ately comm)"icate their "ee(# or their &ear#. 1o &)"ctio" e&&ectively i" #chool, at home, a"( i" vario)# thera%e)tic activitie# a&ter #chool, it i# critical that the chil(re" have a #table ro)ti"e, a"( &amiliarity with tho#e who a##i#t them. <ate"e## a"( other #che()le (i#r)%tio"# who#e ca)#e they ca""ot &)lly com%rehe"(, a"( bei"g e"tr)#te( to #tra"ger# who (o "ot k"ow them or )"(er#ta"( their "ee(#, make the begi""i"g o& each #chool year a &ear&)l or(eal. Among many disturbing reports we received at the start of the 2013 school year, bus drivers operated their vehicles in an unsafe manner; matrons were overheard by parents using abusive language towards the children; younger special needs children were subjected to abusive language by older children on the bus; one parent observed a matron improperly buckling her childs wheelchair into position posing a serious safety threat; and in another instance a matron incorrectly insisted that a child on her bus be dropped off at the wrong home address despite being told by the doorman that the child did not live there; to make matters worse the childs parent was not notified and spent frantic hours trying to locate her child! "ome problems originate with the management of the bus companies! #hildren on one route were subjected to unusually long trips to and from school that violated their $%& and that caused them to miss hours of schooling each day simply because the bus company had improperly instructed its drivers to avoid the 'idtown (unnel in order to save on toll

costs! )hen we and the parents brought this matter to the attention of *&( the company was reprimanded and ordered to take the (unnel but it was too late to remedy a more than a weeks worth of missed school and long hot days in traffic! 2. $e receive( ma"y com%lai"t# abo)t the e8ce##ive ")mber o& chil(re" a##ig"e( to a b)# ro)te a"( overcrow(i"g o" b)##e#. $he" too ma"y chil(re" are a##ig"e( to o"e b)# ro)te, %roblem# re#)lt; travel time# violate their ,'0, they are chro"ically %icke( )% late, arrive late to #chool, are (elaye( comi"g home, a"( o&te" arrive i" a (ebilitate( co"(itio" that im%air# their ca%acity to lear" or to %artici%ate i" thera%y. +imilarly, whe" b)#e# are over5crow(e( the (river# a"( matro"# ca""ot atte"( to the chil(re" i" their care a(e4)ately, o&te" &ail to comm)"icate with %are"t# a# re4)ire( whe" a chil( will be %icke( )% or (elivere( home late. More tha" a mo"th o& (i#r)%tio", worry, #)&&eri"g, a"( lo#t lear"i"g re#)lte( &rom #)ch overcrow(i"g a"( over5#che()li"g o& ro)te#. ,t re4)ire( h)"(re(# o& %ho"e call# a"( email# by %are"t#, a"( a #erie# o& letter# &rom o)r o&&ice (etaili"g the %roblem#, be&ore /01 a(:)#te( the #che()le#, re(e#ig"e( ro)te#, a"( a##ig"e( a((itio"al b)#e#. 3. Relate( b)t "ot e8cl)#ive to the %roblem o& overcrow(i"g i# the e8ce##ive waiti"g time that chil(re" e8%erie"ce o" the b)# be&ore a"( a&ter #chool. Ma"y b)# ro)te# (eliver a"( %ick )% chil(re" at two #chool#. 0roblem# ari#e whe" the #chool# have (i&&ere"t o%e"i"g a"( clo#i"g ho)r#. -ltho)gh a chil( may have bee" %icke( )% at home o" time, he=#he i# (elivere( to #chool late beca)#e other chil(re" o" the b)# are bei"g (ro%%e( o&& &ir#t at a #chool who#e o%e"i"g ho)r i# later tha" their ow". 1he (elay ca)#e# them to arrive at their ow" #chool a&ter cla##e# have beg)". 1he %roblem occ)r# agai" at the e"( o& the #chool (ay; #ome chil(re" m)#t wait o" the b)#, o&te" i" hot or col( co"(itio"#, &or other# who#e (i#mi##al time i# later tha" that o& their ow" #chool. *nce again after some weeks of effort *&( addressed these problems by adding more routes and assigning one bus per route per school! +espite the fact that similar and predictable problems arise each year parents and children were subjected to considerable hardships before solutions were found! ,! -ecause travel and wait times are long even a child who has planned ahead and addressed their needs prior to boarding the bus will occasionally re.uire a restroom en route! *&( should work with the families schools and bus companies to create a protocol to address this need! %nclosed is a sample of 3/ cases in which we represented parents and children whose concerns were resolved by *&(! $n connection with that effort we want to mention the work of two *&( staff 0ichie "carpa and 1on2%rik Arenas whose efforts to resolve problems met with parental approval! $n light of the effort made by the parents 'elissa 0usso of )3-# 4(5 our office and *&( we believe that most issues of the kind outlined above could be avoided through a series of reforms! )e recommend that6

1! "tandards for drivers and matrons should be strengthened and that all bus employees who work with special needs children be properly trained and certified; 2! (he bus contracting process should be reformed to ensure that the companies and their employees are able to meet their obligations before the start of the school year; 3! *&( must significantly improve its route planning and scheduling and better anticipate the recurring need for more buses and more routes to serve the children in its care ade.uately; ,! -ecause problems will always arise an independent liaison7advocate should be authori8ed to work with *&( parents and school staff to anticipate and resolve issues as they arise! (he documented hardships imposed on parents and children for almost two months at the start of the 201321, school year are not inevitable! $f our recommendations are followed all students especially those most in need are far more likely to arrive at school and home safe happy and ready to learn!

+i"cerely, #=Norma" +iegel Norma" +iegel Cal +"y(er >o"atha" <a"ger cc; Mayor5elect Bill !eBla#io 0)blic -(vocate5elect <etitia >ame# Co"troller5elect +cott +tri"ger Bro"8 Boro)gh 0re#i(e"t R)be" !ia7, >r. Brookly" Boro)gh 0re#i(e"t5elect 'ric -(am# Ma"hatta" Boro)gh 0re#i(e"t5elect 9ale Brewer ?)ee"# Boro)gh 0re#i(e"t5elect Meli"(a @at7 +tate" ,#la"( Boro)gh 0re#i(e"t5elect >ame# /((o 'ric 9ol(#tei"