ALERT! Supreme Court Rules that Schools Must Bus Students from Divorced Parents’ Two Residences

On August 28, 2015, Justice Baer issued an opinion upholding the lower court ruling in the Watts case from Lancaster County. However, Justice Baer made it clear the Court was addressing the specific facts presented in the Watts case, not transportation issues generally in the cases of divorced or separated parents with two residences within a school district. Facts: parents resided in the same school district; parents had equal 50-50 shared physical custody; seats were available on the regular bus routes.

However, Justice Stevens wrote a sharp dissent stating that while school districts may choose to provide free transportation from multiple locations, a school district should not be compelled to do so without more specific legislative direction after public hearings.

Watts Majority Opinion 8.28.15 Justice Baer
Watts Dissent 8.28.15.Justice Stevens

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