Question: The local public school district said that they won’t transport my students because the district is not in session when the private school is in session. Is this allowed?
Answer: No it is not allowed. Public school districts are required to transport private school students on days that the private school is in session, regardless of whether or not the public schools are in session. This also applies to days that the public school is doing virtual learning.
If a district notifies you that they are not going to transport your students on days the district is not in session, you should do the following:
Send an email to the transportation coordinator at the district with the following information from the Department of Public Instruction’s website question number 3:
3. Must a public school district provide transportation to private school pupils on days the public school is not in session?
An opinion from the Attorney General, 61 O.A.G. 240, 244 (1972), stated that a public school board is required to provide transportation for private school pupils attending school on days when the public school district is not in session. The Wisconsin Court of Appeals confirmed that position in Hahner v. Board of Education, Wisconsin Rapids, 89 Wis. 2d 180 (1979). It is beneficial to both the public and private school(s) in the same school district to have school calendars which are as consistent as possible.
If the district continues to deny transportation to your school, please contact WCRIS’s Communications & Outreach Coordinator Daniel Henderson at (608) 287-1224 or dhenderson@wcris.org.
You can find helpful information about transportation on page 6 of the WCRIS Legal Handbook. You can access a digital copy here or order an extra copy here.
