Globe advocates repealing law that stops NSBORO from creating “in-house bus service”

The Boston Globe editorial spotlights Northborough-Southborough Public Schools' transportation cost issues

This week, an editorial by the Boston Globe Editorial Board supported a measure in the Municipal Empowerment Bill filed by Governor Maura Healey.

To explain why repealing an “Obscure anticompetitive” law should be passed, they focused on the school bus issues that have been plaguing the Northborough-Southborough Public Schools.

The Globe wrote:

Last year, the Southborough and Northborough school districts, which operate cooperatively, were having trouble with their private school bus operator. Assistant school superintendent Keith Lavoie told the editorial board that on any given day, the districts might have fewer drivers than necessary or drivers who didn’t know the routes. School officials tried to reprocure the contract but got only two bids, including the current operator. The other bid was significantly more expensive, so they stayed with the same operator.

One potential solution, though, was off the table. Southborough officials wanted to explore the potential for collaboration with other area school districts or Regional Transit Authorities. But they were stymied by a state law that prohibits state funding being used for the purchase or operation of buses when a private school bus operator is available.

“It would be a large lift to evaluate and study what the benefits would be,” Lavoie said. “But with the restriction, we don’t have that ability to explore it.”

Governor Maura Healey’s Municipal Empowerment Act, which is pending in the Legislature, would repeal the law limiting competition in busing. The law should be repealed, not only because it provides a barrier to districts like Southborough and Northborough but also because it’s unclear what — if anything — it actually accomplishes.

The opinion piece goes on to clarify that while individual towns can create their own bus systems, regional school systems like Northborough-Southborough are prevented from doing it. It also describes the changed landscape since the law was passed in the 70s, and the lack of competition due to bus company mergers.

The editorial concludes:

The Healey administration is convening an advisory group to review school bus contracting practices with an eye toward increasing competition and reducing costs. There are likely lots of rules that could be changed to ensure a more robust, competitive environment. Eliminating this rule, which has minimal impact and no apparent useful purpose, is an easy place to start.

You can read the full piece here

The story is referring to a Bill that Healey apparently refiled in January. A press release issued at the time shows that the act is meant to “Enhance Ability of Local Leaders to Deliver High-Quality Services for Their Communities”. The announcement specified new/updated provisions from the version filed the prior session, including:

Expanding municipalities’ ability to reduce school bus service costs by repealing a law that limits districts’ ability to start in-house school bus services when private transportation companies are available.

But the announcement also includes details that go far beyond the bus transportation issue. The administration describes:

The Municipal Empowerment Act retains major efficiency measures that were part of the legislation filed last session. This includes permanently enabling municipalities to permit hybrid public meetings, reforming procurement rules, and establishing enforcement mechanisms to encourage the timely removal of double pole. Additionally, several new provisions have been added to help local officials improve public health and lower costs.

“Every Massachusetts resident deserves to live in a community with high-quality local services, from safe roadways to access to good jobs and schools,” said Governor Maura Healey. “Our administration knows that city and town officials know their communities the best, and that’s why we want to empower them with the tools to make the choices they need to provide the best local services that meet the unique needs of their communities.”

You can read the full announcement here. And a page dedicated to the proposed Act is here.

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