Is Supreme Court decision the beginning of the end for free school transportation?
03/25/2015
Indiana’s Constitution calls for a system of schools where “tuition shall be without charge, and equally open to all.” However, not when it comes to students relying on transportation to school. The Indiana Supreme Court unanimously decided that Indiana school districts do not have a constitutional requirement to provide bus service to public school students. The court’s opinion states in part that "the framers did not intend for every aspect of public education to be free."
The court’s ruling stems from a school district’s decision to discontinue its bus service to students due to significant budget shortfalls, caused at least in part by significant revenue loss due to the enactment of property tax caps. In 2011, Franklin Township Schools in Indianapolis contracted with a private company to begin offering transportation to students for a $20 fee, plus $475 for the first child and $405 for each child thereafter.
Many parents opted out of the transportation fee and traffic jams occurred across the district as parents attempted to drop off children. A class action lawsuit was filed by parents in the school district alleging that the failure to provide free transportation to and from school was unconstitutional.
In reaction to the lawsuit, ISTA’s President Teresa Meredith issued the following statement:
"The Supreme Court has said there is no constitutional requirement to provide transportation to school in Indiana, but ISTA believes there is certainly a moral obligation to ensure that all students can get to school. This decision seems a bit ironic and inconsistent in this era we are in where community school districts are being pressured to consolidate and families are being encouraged to “choose” schools. It is difficult to imagine children being able to learn if they are unable to get to school.”
Before an Indiana law passed last session allowing schools more flexibility in funding transportation, more than 90 districts considered cutting bus services. Under current law, schools can discontinue transportation services by receiving a waiver from the Indiana Department of Education or by providing notice to the community at least three years in advance.
Ramifications from the Indiana Supreme Court’s decision yesterday are still not clear. It is easy to imagine difficult circumstances for students living in school districts that have ended free transportation. With the pressure of compulsory education, some of these students would no doubt face financial burdens and possible safety hazards in areas without sidewalks.