Milwaukee Journal Sentinel

Wisconsin Supreme Court to hear Catholic busing case

Must districts provide rides to multiple schools of one denominati­on?

- Bruce Vielmetti

Wisconsin’s Supreme Court has agreed to weigh in on whether a Washington County school district must transport children to an independen­t Catholic school when it already pays to bus students to one sponsored by the Milwaukee Archdioces­e.

Under state law, public school districts are required to bus private school students, but only to one school per religious denominati­on in an attendance area.

A federal judge and federal court of appeals said the district was not obligated to provide the service twice, but the U.S. Supreme Court last year ordered a reconsider­ation. The decision was encouragin­g to the school choice movement.

To help it decide, the 7th U.S. Circuit Court of Appeals asked the Wisconsin Supreme Court to determine, under state law, what criteria can be considered when deciding whether multiple schools are associated with the same religious denominati­on.

It will hear oral arguments in May. The case was filed in 2016 by the Wisconsin Institute of Law & Liberty, a law firm that advocates and litigates conservati­ve causes.

WILL represents St. Augustine School and Joseph and Amy Forros of Richfield, who at the time of the suit sent three children to St. Augustine School in Hartford. The Friess Lake School District (part of Holy Hill Area School District since 2018) already paid to transport students to St. Gabriel, a Catholic school run by the Archdioces­e of Milwaukee, located in the former Friess Lake district.

Attendance areas for St. Augustine and St. Gabriel overlap.

WILL characteri­zed the decision by the Friess Lake School District and the Department of Public Instructio­n not to pay the transporta­tion costs as “determinin­g the definition of Catholic and withholdin­g government benefits until St. Augustine agrees not to call itself ‘Catholic.’ ”

The federal appeals court asked the Wisconsin Supreme Court to answer this question:

When deciding whether two or more private schools are affiliated with the same religious denominati­on, should the state superinten­dent rely only on “neutral” criteria such as ownership, control and articles of incorporat­ion of a school, or may she also consider how the school identifies itself, like on its website?

The Supreme Court also asked the parties, in briefs about how the court should answer that question, to address how the First Amendment’s religion clauses bear on interpreti­ng the state law about transporta­tion aid, and whether the court should revisit its own rulings on busing for religious schools from the 1970s.

“We are pleased the Wisconsin Supreme Court will clarify whether a state agency has the ability to withhold a government benefit based on its definition of who is, and isn’t, a member of a religious faith,” said Anthony LoCoco, WILL deputy counsel.

A spokesman for the Department of Public Instructio­n declined comment on the pending case. Counsel for the school district did not return emails Friday.

Whatever the Supreme Court decides will be taken into account by the federal appeals court when it completes its reconsider­ation of the case.

Newspapers in English

Newspapers from United States