Pawtucket, RI asked in Personal Injury for Rhode Island

Q: a school is letting 5 children cross a 4 lane road without a crossing guard to get to school is this right?

my children were taken the bus it was 0.8 miles in the range but, the school department moved the stop to under the range of 0.75. (right across the street from my house and my friends ) so our children can't take the bus. but, the other children can in the area. this area was always bused because of the radius of the other stop from the houses. now the school wants our 5 children (all in elementary school) to walk and there are streets with no real sidewalks just grass and cross walks and no crossing guards. and the main street is a 4 lane road which is Newport ave. (route 1). it doesn't seem fair, and they are just asking for one of these children to get hurt or killed doing so.

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1 Lawyer Answer
Peter N. Munsing
Peter N. Munsing
Answered

A: Or someone walks them to school.The school board is presumably elected.That's how you get it--the R.I. Statute seems to say that they have to provide a bus when walking "isnt practicable." Your arguement would be for the kids up to grade 4 or so walking 3/4 of a mile is a long way, and for all kids unsafe due to lack of sidewalks and crossings.

The following is from a R.I. case:

"In accordance with the provisions of G.L. 1956 (1988 Reenactment) § 16-21-1(a), municipalities are required to furnish public-school and nonprofit-private-school students with appropriate transportation to and from school in those cases in which their regular attendance at school "would be impractical * * * because of the distance they would *827 have to travel." Brown v. Elston, 445 A.2d 279, 283 (R.I. 1982). By the terms of this statute, municipalities must provide school-bus service to each such pupil's residence that is located beyond a reasonable walking distance from the school. See id. The design of a bus route, then, is subject to variables such as the location of students' homes. Although the design of school-bus routes by a community in fulfillment of its obligations under § 16-21-1(a) may be among those discretionary governmental activities shielded by the public-duty doctrine, see Barratt v. Burlingham, 492 A.2d 1219, 1222 (R.I. 1985), plaintiff is not necessarily precluded from recovering for the negligent design of the bus route at issue."

So, you organize, ask them to comply with the law, they don't then you run them off the board. You can sue them but you have to hire a lawyer or find one who will work for free.

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