NY: Key takeaways from Buffalo Schools’ new $81 million contract with the NFTA
The dust began to settle Thursday, the day after the Buffalo School Board unanimously approved a new five-year contract with the Niagara Frontier Transportation Authority to provide bus and rail service for the city’s approximately 9,000 high school students.
The contract’s overall cost is what several board members said bothered them the most. The district will pay $81 million over the next five years, about 60% more than the $50 million deal they inked for 2021-2026. Eighty-seven percent is reimbursed by New York State the year after it is spent.
The authority and Buffalo Schools officials cited higher fuel prices and changes in cost of living as two key factors in the increase. In its July board meeting, the NFTA noted cost increases in buses, security and labor, and said the proposed contract was “cost-neutral” to the authority.
Diesel fuel prices were about $3.20 per gallon in September 2021. It is about $5.60 per gallon as this school year begins. Negotiators used a 5% consumer price index increase each year in the contract, district leaders said, but they anticipate the reality being closer to 3% annually.
Although it is not a direct comparison, Buffalo Public Schools’ contract with First Student, which provides yellow bus transportation for prekindergarten through eighth graders, went from $244 million for 2020-2025 to $460 million for 2026-2031, an 89% increase.
Here are five more takeaways from the public spectacle over the contract, as well as the document.
Strong-arming accusations
School Board members on multiple occasions said they felt “strong-armed” by the NFTA, essentially forced to approve a contract five days before a deadline that, if not met, would cause high school students to be without district-provided transportation at the start of the school year.
The NFTA called the strong-arming label “unfair and inaccurate.”
“The timing of when the contract was presented to the BOE was not in NFTA's control,” spokesperson Helen Tederous said. “The same contract was presented to the NFTA board for approval in July.”
Buffalo Schools officials on Wednesday took responsibility for the board’s late receipt of the contract.
“That was our fault and a direct result of the chaos that we were operating under with the departure of that superintendent, job offers to (chief operation officers), two different COOs,” Chief Financial Officer Jim Barnes said. “Unfortunately, that's the environment that caused the delay in getting you the board (recommendation). So that is on us.”
Does students’ Metro access change?
There was some confusion Wednesday after interim Superintendent Ebony E. Prophet-Bullock and Barnes said district students would have access to bus and rail passes from 5 a.m. to 11 p.m. on school days.
“We will work toward that,” Barnes said.
While the range of times is accurate, the contract shows the partnership will continue an approach where students may have any one of seven different passes, which have varying restrictions for when they may be used and whether or not rail can be accessed.
Pass restrictions had been added since 2022 to ensure students take a direct route home and to discourage large-group fights that have in the past caused large disturbances at choke points such as Fountain Plaza and University Station.
“We’re not trying to create a police state,” NFTA Police Chief Brian Patterson said last year, “but some level of supervision is necessary.”
Rail access was limited last year because some Buffalo students gathered in the underground stations to smoke marijuana and damage property. Officials have said it’s usually a small number of students that create problems, although fights may draw a large crowd of spectators.
Prophet-Bullock said the variety of pass options – including work-study passes until 8 p.m. or 11 p.m. – will allow for students to request from their building staff greater transportation flexibility for work and extracurricular activities.
“That is a district decision, which I have pushed down to the principals to work again with the families to make those decisions as needed,” Prophet-Bullock said.
She clarified that the majority of students will still receive the general option, which permits Metro access Monday through Friday between 5 a.m. and 10 a.m., and then from 2 p.m. until two hours after their dismissal, which is 5:15 p.m. or 6 p.m., depending on the school.
Who is responsible for security?
The contract dictates that Buffalo Schools pays the NFTA for security on buses and rail, a point that stuck out to Board Member Larry Scott.
“In the past there have been some representatives from NFTA that have suggested that our own BPS security should be stepping into that role of providing security and safety on NFTA transportation,” Scott said as background.
Prophet-Bullock said Buffalo Schools security guards and Buffalo Police Department school resource officers would continue to help students transition from the building to their transportation.
The NFTA employs both transit police officers, as well as a small Transit School Resource Unit, which focuses specifically on building relationships with Buffalo’s youth who ride public transportation.
Can someone end this agreement?
Both sides can terminate the five-year agreement, as long as they give six months’ notice.
It was this clause, highlighted by district general counsel Nate Kuzma, that gave board members a little reassurance about approving the contract.
“If our team feels like we're going to be mistreated, (the NFTA) will get a six-month notice, and we'll figure it out,” Prophet-Bullock added.
A possibility down the road
One section toward the end of the contract document raised a possible future move that would alter the district’s transportation setup.
“During the term of this agreement, BOE may consider a supplement program where seventh and eighth grade students utilize Metro services similar to those being offered herein,” the contract reads.
“In the event this occurs, the parties agree to negotiate in good faith in terms and conditions of supplemental services that shall be reflected in a separate writing,” the contract continues.
The topic was not discussed at either meeting about the contract.
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