E.W., By His Mother and Next Friend, Chandres Johnson et al. v. The Board of Education of East St. Louis School District No. 189

Summary

The Illinois Supreme Court held that section 29-4 of the School Code requires a school district to provide transportation to qualifying nonpublic school students at points along the district’s existing regular bus routes. The statute does not require the district to modify regular routes or create a separate route to accommodate those students, although it permits such modifications or routes. The court reversed the appellate court and affirmed summary judgment for the school district.

Holdings

1. Section 29-4 requires a school district to provide transportation to qualifying nonpublic-school students at pickup and drop-off points along the district's existing regular bus routes; it does not require the district to modify those routes to reach the students' school or homes.
2. Section 29-4 does not prohibit a district from modifying regular routes or operating a separate regular bus route for nonpublic-school students, but it does not require either action.
3. The circuit court properly granted summary judgment to the school district because the students' sole requested relief was an order requiring modification of regular bus routes, which section 29-4 does not mandate.

Questions Presented

1. Whether section 29-4 of the School Code requires a school district to modify its existing regular bus routes to transport qualifying nonpublic-school students to and from their school.
2. Whether the district was entitled to summary judgment where the students' requested relief required modification of existing regular bus routes.

Disposition

reversed