Indiana Supreme Court: Schools don't have to bus students

The Indiana Supreme Court ruled Tuesday that public schools are not constitutionally required to bus students to and from school.

The ruling further clarifies state law, which already permitted public school corporations to opt out of providing transportation services.

The case stems from a decision by Franklin Township Community Schools to discontinue free bus service in the 2011-12 school year. Parents, upset by the district's action, filed a class-action lawsuit based on the premise that students had a constitutional right to bus service.

The district, which was facing severe financial difficulties, cut its free busing program because it could no longer afford it, Franklin Township Superintendent Flora Reichanadter said. It reinstated the program the following year after changes to state law allowed the district to restructure its debt.

Last June, the Indiana Court of Appeals found the school district violated the constitution when it stopped providing transportation to and from school. But the Supreme Court justices rejected that, saying that although the constitution refers to a free public education, "the framers did not intend for every aspect of public education to be free."

"This court does not dispute that being present at school is necessary to avail oneself of the benefits of the education offered there. However, that does not necessarily lead to the conclusion that the school corporation alone must provide transportation under the Education Clause," Justice Steven David wrote.

The unanimous ruling said the court has "neither the ability nor the duty" to establish requirements for school systems, a duty that falls to lawmakers and state code.

"It will inevitably require some families to make alternative accommodations, but it will not close the schoolhouse doors," David wrote of Tuesday's decision.

"Obviously, it affirms our case that we indeed were not acting in an unconstitutional way when we had to make the tough decision to eliminate bus service," Reichanadter said.

Lora Hoagland, one of the plaintiffs in the lawsuit, said she worries that the ruling opens the door for public school districts to be fiscally irresponsible.

"Prior to the ruling, there were many districts that were talking about discontinuing busing, and they were waiting for the ruling to do so," she said.

Under state law, schools can discontinue transportation services if they provide three years notice to the public or are granted a waiver by the Indiana Department of Education.

In Franklin Township's case, the district switched to a pay-for-service bus system that was later barred under state law. School corporations that provide busing must do so free of charge.

Although the district brought back busing, Reichanadter said, it will continue to face fiscal pressure — like many others across the state — because of state-mandated property tax caps. The school corporation is short $18 million a year because of the caps, she said.

Local property tax revenues pay for school districts' transportation and facilities costs.

"It will continue to be a struggle for us," Reichanadter said.

The Associated Press contributed to this story.

Call Star reporter Kris Turner at (317) 444-6047. Follow him on Twitter: @krisnturner.