Who is Eligible?
State statutes establish the parameters for public schools to meet their constitutional obligation by defining the eligibility for busing services. With some exception*, any student enrolled in private K-12 school will be eligible for transportation benefits if the student meets certain basic criteria outlined in state statute 121.54(2)(b) as follows:
- The pupil resides within the public school district’s boundaries;
- The pupil resides two or more miles from the private school he/she attends;
- The pupil resides within the private school’s approved attendance area; and
- The private school is located within the boundaries of the pupil’s resident school district or not more than five miles beyond the boundaries of the school district measured along the usually traveled route.
*There are exceptions to student eligibility for transportation benefits. For more information on transportation eligibility and exceptions see page 36 of the 2016-17 WCRIS Legal Handbook. WCRIS members can access the electronic version online here, with their login information.
Young Riders
Public school districts have an obligation to provide transportation benefits to eligible students attending full- or half-day 4K programs. State statute 121.54(2)(b) includes the term “kindergarten,” which in state statute 115.01(2) is defined as 4-year-old and 5-year-old students. Young private school students are eligible for busing services, including midday services, regardless of what type of program is being offered at the public school.
The Department of Public Instruction (DPI) has, in written communications, acknowledged the obligation to provide transportation benefits on equal footing to public and private K-4 students. Question #6 in this, Frequently Asked Questions document from the DPI confirms this obligation.
