After conducting background checks on NYC school bus drivers and bus escort applicants, the NYC Department of Education (DOE) categorically rejected a bunch of individuals who had been convicted of a crime. Upon learning of that outcome, the group sued to have their applications reconsidered.
When the New York County Supreme Court dismissed their case, the applicants appealed to the Appellate Division, First Department.
While DOE has a duty to protect its students' safety, the AD1 was of the view the agency was also bound by regulations which required that each applicant be given an opportunity to "refute or explain" any "derogatory information" before a final determination was made.
The DOE was so bus-ted!
To view a copy of the Appellate Division's decision, please use this link: Matter of Hasberry v. New York City Dept. of Educ.