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Judge dismisses refiled lawsuit against Sylvania Schools by parents who claimed bussing issue

Parents refiled the lawsuit after dropping it in 2022. They allege their children, who attend non-public schools, should not receive lesser bussing services.

SYLVANIA, Ohio — A Lucas County judge dismissed a refiled lawsuit against Sylvania Schools Tuesday, in which parents claimed students who attend religious schools were being offered lesser bussing services than those who attend Sylvania public schools. 

The judge issued the dismissal Tuesday in response to the plaintiff's motion for summary judgement. The plaintiffs asked the court to fix the district's alleged transportation issues by "crafting a permanent order that would result in their children being bussed directly to their school" without the drop-off point that was in use at the time of the lawsuit's filing. 

The plaintiffs, Jeffrey and Jennifer Swiech and James and Nicole Vanderweele, claimed the young children's bus rides included a portion during which they ride with older students, exit at the high school, wait at the high school and then transfer onto a second bus that transports the children to their Catholic grade schools.

The plaintiffs also claim some students needed to board the bus as early as 6:35 a.m. for an 8 a.m. start time.

According to the decision, the court found the plaintiffs did not demonstrate that the permanent injunction - or the order to fix the alleged issue - they sought could "prevail on the merits of its underlying claim", and therefore dismissed the case. 

The lawsuit had initially been in August 2022 when the family filed a temporary restraining order against the district. The same month, the suit was referred to a higher court and moved to the United States District Court for the Northern District of Ohio. The plaintiffs then filed a dismissal in the court and refiled in September 2022. 

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