Brookfield school directors have asked that a lawsuit contending they refused to transport a child to a private school be dismissed.

The board opted in September 2006 to pay a fine rather than to bus four students living in Brookfield Township to and from the private John F. Kennedy High School in Warren, Ohio.

Paying a $600 fine per student saved the district $30,000 to $70,000 a year by avoiding the purchase of another bus and hiring of another driver, board President Joseph Pasquerilla said.

The decision, which was considered inappropriate by the Ohio board of education, was only “economical” and within the limits of the law, Pasquerilla said.

A dismissal motion was filed Monday with the Trumbull County clerk of courts by board solicitor David J. Millstone on behalf of the board of education.

A state examiner recommended in January the board find a way to transport the students if parents could be flexible with drop-off times and locations.

The lawsuit the board hopes to see dismissed was filed Feb. 21 by parent Valerie Luchette, of 7348 Northview Drive, after she learned from Superintendent Steve Stohla the district hadn’t made plans to put the recommendation into practice.

In the suit, Ms. Luchette has asked that a judge order the district to transport her child to the private school. If board members fail to do so, she wants each fined $500 and held in contempt.

The board is also in the midst of a court battle with its teachers union over cuts and salary changes made in the summer of 2006.

Also, a preliminary hearing on a criminal charge of assault against Pasquerilla is set for 9 a.m. April 3 before Judge Ronald Rice at Eastern District Court, Brookfield.

Pasquerilla is accused of slapping board member Dr. Ronald Brennan in the face March 5 during a closed meeting.