Does The State Constitution Require Public Schools To Offer Free Transportation To Students?

Does the Indiana Constitution require public schools to offer free transportation to their students?  That’s the question being considered by the state Supreme Court.

Franklin Township Community Schools, on Indianapolis' southside, eliminated its busing service during the 2011-2012 school year, saying property tax caps had squeezed the school corp’s finances. The system hired a private firm to run its buses and the firm charged a fee to ride. 

A parent sued the school corporation, and while a trial court sided with the schools, the Indiana Court of Appeals sided with the parent, landing the case before the state Supreme Court.

Attorney Ian Thompson, representing the parent, says the Indiana Constitution mandates that the state must provide a uniform school system available for all, and that depriving children of a way to get to school violates that mandate.

“Transportation is a fundamental…has become and has evolved into a fundamental part of a free and public education,” Thompson said.

But attorney Sam Laurin, arguing on behalf of the school corporation, says the legislature gets to decide what public school systems must include.

“And in this case, the legislature – through clear statutory language at the time that this dispute arose – made it clear that school corporations may, but are not required to bus all students,” Laurin said.

The Supreme Court justices did not announce a timetable for their ruling.

Franklin Township ended the pay-to-ride policy in 2012.