by Carolyn James

Theresa Graziosi and Kathy Zagorski look over paperwork explaining why they have been denied bus service for their children this year.

As the first day of school approached, state lawmakers and members of the Plainedge School Board were scrambling to find a way to provide two women, who are totally disabled and who live on the same block, with bus service for their children to and from schools. If they fail, the women will be forced to rely upon friends and neighbors, something they say as taxpayers, they shouldn’t have to do.

"As of now, we have no transportation," said Theresa Graziosi, who, with her neighbor Kathy Zagorski, does not want to impose on people to transport their children every day. "Everyone says they understand and that we should be able to get a bus, but no one can help. I’m being sent around and around in circles."

The problem arose this year because the two women live outside of the limit voters in Plainedge established for transportation.

Zagorski’s daughter will be attending first grade this year while Graziosi’s two children, go to John H. West and Packard. Both had been provided with bus service up until now because of a medical condition, asthma. But this year, both boys have improved to the point where they are no longer considered eligible for medical reasons.

When the district denied the requests, they cited New York State Education law, which states district’s are prohibited from providing transportation to students who live beyond the voter approved mileage limits. And while the law allows for special circumstances such as an illness or a disability involving the students themselves, there is currently no provision in the law that permits districts to provide transportation due to the illness or disability of a parent.

That was supported by the office of the New York State Commissioner of Education. In a letter to Graziosi, officials said while they sympathize with the problem the women face, the Commissioner has no authority to circumvent the voter approved mileage requirement.

"Essentially, he took the position that he does not have the authority to approve the transportation but gave nothing to the school board in the way of helping them solve this dilemma," said New York State Assemblyman Steve Labriola who, together with Sen. Kemp Hannon is trying to resolve the issue. "I am looking to figure out a way to do this without opening a Pandora’s box that would cause difficulties for the district."

One solution is for the school board to pass a resolution that would declare the women’s plight "a special exception," said Labriola, acknowledging that while this may not follow the letter of the law it is the moral thing to do. "Whenever a government official approaches a gray area in the name of helping people and the cause is just, I think it is territory he should travel," said Labriola.

The only way the district can clearly provide the transportation is if the public votes to extend the mileage limits, or if the state legislature approves a measure to allow school districts to circumvent the limits under specific circumstances affecting parents. In either case, the change cannot come soon enough to help Graziosi and Zagorski.

"We are diligently working to try and find an immediate solution for these women," said Jackie Vita, a legislative aide to Sen. Kemp Hannon whose office was notified of the dilemma faced by the families.

Hannon met with Superintendent of Schools, Dr. John A. Richman to discuss the issue and both men reviewed the law and the district’s responsibilities. "We have had a dialogue and tried to work out the problem in a variety of ways but the bottom line is that the district cannot legally provide the bus."

The district had 19 requests for special transportation this year, 16 of which it had to reject because of the law.

Hannon’s office is working on a new law to give districts some flexibility under hardship circumstances such as those facing Plainedge in this case. But the earliest that can be presented to the lawmakers is when it meets in January.

"We are proceeding cautiously because there are some complicated issues here related to at what point do you draw the line in the sand to say someone is or isn’t disabled," said Vita. She added that while the federal government has a standard it uses in determining who is and is not disabled, that standard is very broad and could have a major impact on transportation costs throughout the state.

Labriola said that law could have serious financial implications and that he believes the best approach is for the district to handle the issue as a special case.

In the meantime, Graziosi and Kathy Zagorski will be relying upon the kindness and generosity of the community, which has pitched in to provide the vital transportation.

"Maybe that’s not such a bad thing," said Vita. "At least it’s nice to know we live in an area where people reach out to one another and help."