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03.30.09 - DMV cites bus drivers at Hicksville school

Police and state investigators dispatched by the Nassau District Attorney's office Friday found that seven out of ten bus drivers at the Hicksville school where a child choked last week were not licensed to drive buses, a District Attorney spokesman said.

The Carousel Day School drivers were confronted by police and investigators from the state Department of Motor Vehicles and Office of Children and Family Services as they got out of their buses in the morning. The seven drivers who did not have commercial drivers licenses, as they were required to, were ticketed and charged with "operating out of class". That charge can carry a $300 fine or 15 days in jail, said Chris Munzing, a spokesman for Nassau District Attorney Kathleen Rice.

One driver even admitted that she had twice failed the commercial drivers license test, Munzing said.

Robert McDonald, of Mineola, a lawyer for Carousel Day School Owner Gene Formica, did not return several calls seeking comment yesterday.

Rice launched a criminal probe into Carousel Day School last week after 2-year-old Olivia Raspanti died after choking on a carrot that police said she took from a bag her teacher left behind a desk.

Meanwhile, a source close to District Attorney Kathleen Rice's criminal investigation said Rice "has her sites set on criminal charges against the facility and maybe even the managers involved."

The source, who was not authorized to speak publicly, also said the investigation is widening, and prosecutors are looking into the possibility that Carousel bus drivers regularly transport children from local school districts.

The New York State Office of Children and Family Services, which licenses day care centers, have already declared Carousel's toddler program illegal. This week the New York Education Department also promised an investigation of the school.

Education Department Spokesman Jonathan Burman said experts planned to do a "general walk through" of the school as soon as possible.

Lawyers for the Raspanti family, Joseph Conway, of Mineola and Thomas Foley, of Garden City issued a statement yesterday saying, "We have full confidence in the District Attorney's committment to fully investigating this case and bringing the appropriate charges."

Munzing said investigators also found that Carousel had not been maintaining the proper paperwork on its bus drivers. He said there were 14 instances of improper or nonexistent record keeping.

Munzing said the center has 10 days to remedy the record keeping errors or they risk revocation of their license to transport children.

Munzing said investigators are also checking license plates, registrations and insurance on the buses, but they had not yet gotten the results.

DMV spokesman Ken Brown said Thursday that Carousel has been registered with them since 1994 and has no record of complaints. All bus drivers at the school are required to be 19-A certified, meaning they have to clear background checks and receive the appropriate training, among other things.

If a new driver is hired, Carousel is required to tell the DMV and to show that they have the appropriate license and certification, Brown said.

DMV investigators on-scene at the school Friday talked to staffers while Nassau police videotaped the exteriors of the center's minibuses.

A woman who did not give her name dropped her daughter at the center Friday, saying she was not worried about the presence of authorities.

She said she was glad Carousel was open for the day - so that she could go to work.

In previous interviews, McDonald has said that Carousel is a well-run operation, and that Formica simply did not know he needed a separate license to run a day care.

       - Ann Givens & Sumathi Reddy: Newsday Staff Writers


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