Why is DPS suing the State of Ohio over busing?

DAYTON, Ohio (WDTN) — The Dayton Public School Board is suing the state of Ohio, bringing the hot-button issue of busing to the courts.

Dayton Public Schools is pushing back on state legislation, stating an amendment to the state budget specifically targeted the district and left little time to find solutions before the school year began.

DPS files lawsuit against state of Ohio over student busing

According to the 19-page lawsuit filed Monday with the Franklin County Common Pleas Court, DPS is seeking an injunction from the state of Ohio, in the hopes of being able to use RTA busing while they look for more transportation solutions for 9-12 graders.

Due to bus shortages, DPS high schoolers have been using RTA public transit for years to get to school. In the past, the district was able to pay for and give students bus passes for free, but a new state amendment is now preventing that option.

The lawsuit claims that the amendment specifically targets Montgomery County based off of census data, and will now prohibit DPS from using the RTA because of the centralized hub and transfers downtown.

The amendment was made in the 2025 state budget, with lawmakers citing student safety as the reason for the change. But DPS says they now cannot buy bus passes for students and stay within the regulations of the new state law.

“The amendment just said you can’t transfer students downtown. It doesn’t say they cannot buy bus passes, so that’s something they need to work out with the RTA,” said State Rep. Phil Plummer (R-39).

Plummer says this issue is something the district needs to figure out with the RTA, but district leaders and RTA officials cite bus driver shortages are preventing them from creating new routes that avoid downtown.

The law has had conflicting viewpoints from the start — initially it would have outlawed students using transfer hubs in downtown areas of Ohio’s four biggest cities, but was later narrowed down to just include Dayton based on population.

State Rep. Desiree Tims says she fears this limit on transportation will contribute to chronic absenteeism.

“I, myself, sent two letters to the governor asking him to veto that portion of the budget because I knew then, which we are seeing now, this is going to impact people in a meaningful way, meaning kids will have no way to get to schools,” said State Rep. Desiree Tims (D-38).

Plummer argues this isn’t the state’s problem to solve — the responsibility falls on the district and DPS families.

“Because the parents can get the kids to school and it could be an inconvenience, I understand that. But I got my children to school. My parents got me to school, right? We need to put some responsibility on the parents as well,” said Plummer.

As the district searches for solutions, they have filed an injunction in the hopes of giving them more time to figure out how to best serve their students.

DPS cannot comment on pending litigation, but Superintendent Dr. David Lawrence shared the following statement with 2 NEWS:

It has become clear that our community does not agree with the Ohio Legislature’s decision to halt our use of RTA busing.  We have heard from many individuals through their interactions with Board members and staff members, and there is a consensus that, as a school district, we must partner with the community to assist and defend children. We continue to explore all of our options in an attempt to support our students and their families.”

Dr. David Lawrence, DPS superintendent

While local lawmakers have differing viewpoints on how to solve the issue, everyone agrees something must be done to ensure safe transportation for Dayton high schoolers.

Plummer says RTA should do more to coordinate a transfer hub outside of downtown.

“I’d like RTA to help manage the routes, get them out of downtown, get into a safe environment,” said Plummer. “Maybe they have the flexibility to handle that.”

Tims says the issue could be solved by finding a solution to a different issue — DPS is required to bus charter school students, which led to the district needing to use the RTA for high school students in the first place.

“If the public schools would only be responsible for transporting their public school students, we would have enough buses, we would have enough drivers. This wouldn’t be a problem,” said Tims.

The lawsuit will see its first hearing in Franklin County courts on Thursday, Aug. 14.

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