Appeal from the Order of the Court of Common Pleas of Lackawanna County, in case of Barbara Roberts et al. v. Board of Directors of the School District of the City of Scranton, No. 16 September Term, 1973.
James A. Kelly, Solicitor, for appellant.
Richard S. Campagna, for appellees.
President Judge Bowman, and Judges Crumlish, Jr., Kramer, Wilkinson, Jr., Mencer, Rogers and Blatt. Opinion by President Judge Bowman.
[ 13 Pa. Commw. Page 465]
This is an appeal from an order of the Court of Common Pleas of Lackawanna County granting a preliminary injunction. The injunction required the appellant, Board of Directors of the School District of
[ 13 Pa. Commw. Page 466]
the City of Scranton (Board), to "continue" to provide school bus service for those seventh and eighth grade pupils residing in the Oakmont area of the City of Scranton.
Prior to the 1973-74 school year, public schools in Scranton were classified as either elementary or secondary schools. Pupils in grades kindergarten through eighth were assigned to the elementary schools while those pupils in grades nine through twelve were assigned to secondary schools. As a part of the restructure of its educational system which included a building campaign expanding public school facilities, the above classification was changed so that elementary schools accommodated pupils in grades kindergarten through sixth, while the secondary schools encompassed pupils in grades seven through twelve. In order to adequately provide for this secondary school expansion, junior high schools were constructed to educate students in grades seventh, eighth and ninth.
Pursuant to this restructure of the system, the Board adopted, by resolution, on July 9, 1973, a busing policy which provided free transportation for elementary school pupils (kindergarten-sixth). This policy, however, restricted the busing of secondary school students to those occasions in which no adequate public transportation existed and the pupil's residence was in excess of two miles from the school or for a lesser distance if a certified hazardous condition existed.
The appellees in the instant case are parents of students in the seventh and eighth grades who had previously been classified as elementary school pupils, but who, under the reorganization, have been transferred to a junior high school which is now classified as a secondary school. As the result of the Board's July 9th resolution, these pupils no longer receive school bus service, but must travel to school over a route that has been certified by PennDOT as hazardous.
[ 13 Pa. Commw. Page 467]
On the first day of the 1973-74 school year, September 5, 1973, appellees filed their complaint requesting a preliminary injunction. The injunction was issued ...