Framingham schools' former bus vendor pays $265K to settle bus contract dispute

The former school bus vendor for the Framingham Public Schools agreed to reimburse the city $265,000 as part of a settlement to resolve a school bus service contract dispute in the 2020-21 school year during the pandemic.

The settlement between Durham School Services and Framingham was reached in May but city officials announced the deal last week, shortly after the payment was received.

“We are pleased with the settlement negotiated on behalf of the city and the Framingham Public Schools,” Framingham school superintendent Robert A. Tremblay said in a written statement. “By virtue of this settlement, the city has recovered the majority of the payments made to Durham for which Durham did not provide services, while at the same time avoiding the cost of further discovery, depositions, summary judgment and trial."

The issue stems from a pandemic-era amendment to the school bus contract between the Framingham school system and Durham, its then-longtime school bus operator. Under the original contract, the city paid the vendor a daily rate per bus based on the total number of buses used to transport kids.

When the early days of the Covid-19 pandemic forced school building closures that kept kids at home in 2020, the district agreed to pay Durham 50% of the per-bus daily rate to help the company maintain its fleet and staff so it could operate at full capacity when schools reopened. The amount paid to Durham through the end of the 202-21 school year was $1.3 million, according to the city.

Once schools started reopening in February 2021, the district alleged Durham provided just 54 of the required 77 school buses and drivers under their agreement, causing delays and missed pickups for hundreds of students.

"As a result, there was disruption for the school, for the parents, and most importantly, the students who lost learning time as well," said Christopher Petrini, the former city solicitor of Framingham and the city's legal counsel in the case.

Framingham school leaders said they made attempts out of court to recover the portion of the money it paid to Durham for services they argued were not delivered. The city took the case to court in late 2023, initially demanding $530,000 in reimbursements. The two parties eventually agreed to a settlement of $265,000, whereby Durham also does not have to admit liability.

Durham School Services did not return a request for comment.

Petrini echoed Tremblay's sentiments, adding the deal recoups a majority of the money for the school district.

"I think it (sets) an important precedent, (so) that cities and towns ensure that its vendors stand up and fulfill their contractual obligations," he said. "We owe the taxpayers and the students within the district no less."

Framingham schools switched over to school bus vendor North Reading Transportation in the 2021-2022 school year. But the school system has experienced challenges with that vendor as well. At the start of this school year, school officials said NRT was short 20 buses.

Since early this year, the Framingham school district and NRT explored terminating their existing contract after the 2024-2025 school year, according to MetroWest Daily News.

In March, the Framingham school committee voted unanimously to take school bus services in-house by July 2025, following in the footsteps of districts like Worcester Public Schools and Brockton Public Schools.