Ohio’s school districts are facing an uphill battle to meet state student transportation requirements amid a persistent school bus driver shortage, resulting in financial penalties and a high-profile lawsuit filed by the state attorney general. 

The lawsuit and related fines levied against school districts for noncompliance with state regulations detail how the struggles in providing timely and reliable bus services for both public and non-public school students.

The compliance issues are in the spotlight after Ohio Attorney General Dave Yost filed a lawsuit against Columbus City Schools in September, accusing the district of failing to fulfill its statutory transportation obligations. This lawsuit has added to the urgency for Ohio’s school districts, which are already contending with a shortage of qualified school bus drivers, to find solutions that will ensure the safety and punctuality of school transportation across the state.

Attorney General Yost’s lawsuit claims that Columbus City Schools failed to provide transportation for students attending charter and private schools, a legal requirement under Ohio law. According to the lawsuit, Columbus City Schools labeled the transportation of these students as “impractical” and did not notify parents until days before the school year began, which left families scrambling to find alternate transportation.

“As a parent and grandparent, I understand the importance of making sure every child has a safe way to get to and from school,” Yost said at the time. “These families have a right to choose what school is best for their child, and the law is clear that transportation is to be provided.”

The lawsuit seeks a writ of mandamus compelling Columbus City Schools to resume transportation services for affected students immediately and to properly notify parents of their rights. The Attorney General’s office also issued a cease-and-desist letter to the district on Sept. 3, suggesting that the district’s failure to comply is suspected of being a deliberate attempt to circumvent legal obligations.

Last month, Columbus City Schools extended transportation service to about 100 students who were previously denied service and filed a motion to dismiss the lawsuit. Yost in a statement said he is not convinced and remains undeterred.

“It remains to be seen whether the district will live up to its press release and really transport these children,” he said. “The state already has received some information suggesting that it is not. … Simply put, this case is far from over.”

Fines and Compliance Challenges Across Ohio

According to data from the Ohio Department of Education, Columbus City Schools is not the only district facing compliance challenges. The department has collected substantial fines from several districts over the past couple of years due to delays in meeting transportation standards, which the school districts claimed were the result of school bus driver shortages.

In fiscal year 2024 alone, over $7.3 million in penalties were imposed on Columbus City Schools for failing to meet timing and operational requirements under Ohio Revised Code 3327.021. Youngstown School District was fined $1.91 million, while the state will collect nearly $250,000 from Middleton City Schools. The total of $9.5 million was 472 percent more than the state collected for fiscal year 2023 ($1.66 million) and 70 percent more than for fiscal year 2022 ($5.6 million).

An Ohio Department of Education spokesperson confirmed that refunds received by Columbus City Schools, Dayton City Schools and Toledo Public Schools were were the result of litigation settlement agreements.

So far for fiscal year 2025, the data indicates a $2.2 million fine to Columbus City Schools.

Under Ohio law, school districts are considered “out of compliance” if students arrive at school more than 30 minutes late or are picked up more than 30 minutes after dismissal for five consecutive days or 10 total days within a school year. Additionally, if a school bus fails to arrive at all, the district may also face penalties. These regulations are intended to ensure the reliability of transportation for all students, including those attending charter and private schools.

Todd Silverthorn, the second vice president of the Ohio Association for Pupil Transportation and director of transportation for Kettering Local City Schools, provided additional context on the challenges facing Ohio school districts. He explained that the Ohio Department of Education and Workforce is conducting a timing study to assess district compliance with Ohio Administrative Code 3301-83-05. This study evaluates whether routes are practical and efficient based on the most direct path between public and non-public schools.

Silverthorn emphasized the complexities of the timing study, as fluctuating student enrollment and significant bus driver shortages complicate compliance efforts. He noted that while state regulations are meant to uphold standards, the severe staffing shortfall has left school districts like Columbus City scrambling to cover essential routes, often falling short of the required timing standards.

“While state lawmakers may argue that there is adequate funding for transportation, the core issue is not funding but staffing,” Silverthorn said. “Districts are facing increasing difficulty in attracting and retaining qualified bus drivers. This isn’t about budget limitations but about the challenges inherent in the role [of driving] itself.”

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The Impact of Ohio’s Decreased School Bus Driver Staffing Level

The statewide bus driver shortage has intensified the transportation crisis. Before the pandemic, Ohio employed 25,706 active bus drivers. By August, that number had dropped to 18,817. This shortfall is affecting the 612 public school districts and over 1,000 chartered non-public schools statewide, many of which depend on reliable transportation services.

The role of an Ohio school bus driver requires a Class B commercial driver’s license, criminal background checks, drug and alcohol screenings, and the responsibility of managing student safety and behavior. The part-time hours and split shifts many school bus drivers receive combined with a high level of responsibility have deterred many potential applicants, creating a pipeline problem that exacerbates the staffing crisis.

As a result, school districts face challenges in meeting the compliance standards set forth by Ohio law, especially when drivers resign or retire. Schools have reported delays, cancellations and logistical obstacles that disrupt the school day and create stress for families.

In response to these challenges, school districts have implemented various strategies to optimize transportation resources. Some districts have consolidated school bus routes, modified school start times, and offered incentives such as signing bonuses and wage increases to attract and retain bus drivers. However, these adjustments are only temporary solutions to a deep-rooted problem.

“The reality is that we need a multi-faceted approach. This means not only increasing recruitment efforts but also rethinking the job to make it more appealing,” Silverthorn said.

If or until that happens, school districts like Columbus City Schools will continue to face pressure from state to provide transportation services on time and consistently.

“It shouldn’t take a lawsuit and an emergency motion to decide to follow the law. Columbus City Schools admitted the law was to transport the children. Glad these kids are finally getting the transportation they were entitled to,” Yost added last month. “But this is not the end. There are more kids who still are not receiving transportation despite the district’s clear obligation to provide it.”

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