On August 28, 2015, Justice Baer issued an opinion upholding the lower court ruling in the Watts case from Lancaster County.  The decision made it clear the Court was only addressing the specific facts presented in the Watts case, and not transportation issues generally in all 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.

Alfred C. Maiello
Alfred Maiello

Alfred C. Maiello is the founding member of MBM and has represented area school districts as solicitor for 50 years. He counsels school districts and educational institutions on leading developments in school law and guiding them through their day-to-day and long-term challenges.