Question: Over the last month, it seems more common for school districts to quickly call for snow days that are actually online learning days, while private schools continue to have in-person classes.
Who is responsible for the payment of the bus run for a “snow day”?
Could you share with me what we are responsible for when it comes to the busing of our students to school and back home?
*Answer: The busing regulations have, thus far in the wake of COVID-19 and online learning, remain unchanged. For days that a public school is not in session, the public school district must still provide transportation to private school pupils. The DPI still has its guidance posted as follows:
“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.”
For reference, the Hahner v. Board of Education, Wisconsin Rapids case involved busing private school students during the Wisconsin Rapids School District’s vacation period, but the principle stands. The Court held that the purpose of the transportation requirement is “to insure the safety and welfare of the pupils” and the fact that the “school district would save money by not transporting private school pupils during a week when the public schools are closed for vacation is a factor which bears no relationship to the safety and welfare of the pupils being transported to private schools.”
The DPI similarly explains on its website that no fee can be charged for transportation that is provided for the transportation for private school students. (That is, assuming that the student is within the applicable geographic limits for busing. See page 6 of the WCRIS Legal Handbook for more information.)
“Can a school district charge a fee to transport pupils to private school?”
“If a private school pupil is eligible for transportation in accordance with s. 121.54, Wis. Stats., the school district is not permitted to charge any part of the cost of such transportation to the pupil or the pupil’s parents or guardians. [See s.121.54(8), Wis. Stats.] However, a fee may be charged to the parent/guardian of a pupil whom the school district is not required to transport if such transportation is requested by the pupil’s parent/guardian. [See ‘Additional Transportation,’ s. 121.545(1), Wis. Stats.]”
There are other guidance pieces, including that midday busing for 4K students must also be provided and other provisions regarding hazardous areas. The school district should provide busing (free of charge), even on the days that it is not in school, whether that is due to its own vacation days, snow days, in service days, etc.
WCRIS suggests principals be proactive and contact the public school district to inquire about its plan for transporting students on such occasions.
You can find more information about busing here. And as always, Contact WCRIS or consult page 6 of your Legal Handbook with questions.
*Special thanks for this busing legal guidance to Attorney Jessica T. Kirchner and the law firm of Moen Sheehan Meyer, Ltd.
