SUTTONS BAY -- The "battle of the bus" has hit the brakes.

Suttons Bay schools and BATA are waiting to hear if they can continue to work together to get kids to school.

A legal battle between the National School Transportation Association and the Bay Area Transit Authority is going into overtime.  The NSTA has requested an additional 10 days to put together their case of why it is wrong for BATA to provide busing to the bus-less Suttons Bay School District.

BATA began the innovative school busing agreement last school year and this legal challenge started in May.

The NSTA represents unions and private carriers and claims BATA is running school bus operations prohibited by federal law.

If the Federal Transit Authority agrees, busing could be in danger.

Superintendent Mike Murray says the first year of BATA providing the ride to school for Suttons Bay students was a success.

"We saved enough in the first year to save four or five teaching positions, and every teaching position is crucial," said Murray.

But some are questioning whether the service is legal.  The National School Transportation Association has filed a claim with the Federal Transit Authority saying BATA has violated federal regulations that limit the amount of service a mass transportation agency can provide to schools.

"There’s a lot of value added to the community by doing what we're doing, and most importantly, to some young kids who want an education," said Tom Menzel, BATA’s Executive Director.

Because BATA is subsidized by state, federal, and property taxes, it must meet certain criteria and the National School Transportation Association claims they haven't.

“It's very hard to find out what would be negative about what we're doing other than we're shifting some old paradigms and people don't like change," said Menzel.

“I think tax payers want the money for the schools to go toward education," said Murray.  “We knew it wouldn't be easy but somebody needs to lead the way."

Right now, BATA is planning to continue their service in Suttons Bay and take kids to school.

I asked what would happen if the FTA says BATA can't provide anymore and Superintendent Mike Murray says they'll challenge it.

The superintendent says several hundred kids depend on the BATA service to get to and from school.

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There is a busing battle brewing in a Leelanau County community.

School leaders in Suttons Bay are still waiting to hear if Bay Area Transportation Authority (BATA)  can continue to provide transportation to students.

In May, the National School Transportation Association filed a complaint with the Federal Transit Administration, challenging whether BATA has the right to provide transportation to students in the district.

Administrators with BATA put together their defense, and the NSTA had until Wednesday to respond.  As the deadline approached the organization asked for a 10-day extension.

Officials with both BATA and Suttons Bay Schools say time is running out.

"It's very hard to find out what would be negative about what we're doing other than shifting some old paradigms and people don't like change, but there's a lot of value added to the community, by doing what we're doing, and most importantly, to save young kids who would like an education," explained Tom Menzel, Executive Director for BATA.

Suttons Bay Superintendent Mike Murray said the district saved $458,000 by having BATA provide their busing.  The cost savings helped keep five teachers on the payroll.

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