The New Year rang in with a victory in federal court for private schools over a question of the transportation attendance area rule in state law.
It has long been held that a school of the same denomination as another local private school can not have the same attendance areas for busing. Meaning that a public school district does not have to transport students from a Catholic school if they live within another Catholic school’s attendance area.
Attorneys from the Wisconsin Institute for Law and Liberty (WILL) represented the Independent Catholic St. Augustine School (Washington County) in St. Augustine v. Underly.
The attorneys argued that while St. Augustine is a Catholic school, they are not affiliated with the Archdiocese of Milwaukee schools and therefore the attendance area rule does not apply.
The DPI and the local public school district argued that St. Augustine is Catholic and could not receive transportation benefits.
After a long legal battle and various courts, the Seventh Circuit Court of the United States ruled that the DPI did wrongfully deny transportation benefits to St. Augustine students.
However, the court’s decision did not answer the question of whether a non-diocesan school triggers the attendance area requirements. To learn more go here.
Still, this is a positive outcome for all private schools. WCRIS is working with WILL to extrapolate the decision’s impact on school busing overall in the state. We will provide that information when it is complete. Stay tuned to Current Events for details.
