Transportation Q&A
I’ve heard neighboring towns are trying to charge a transportation utility fee. My town’s board has brought it up, and I’m worried about the impact on my school. Can they charge us a transportation utility fee?
Many municipalities have just recently paused their efforts in charging a transportation utility fee (TUF) because of the Wisconsin Institute for Law and Liberty’s successful Wisconsin Supreme Court case against the creation of a transportation utility fee in Buchanan.
There are several ways to calculate a TUF, but it’s important to note that it’s not a wheel tax. A TUF is when the city charges a fee based on a calculation of variables related to road usage and occupied space.
Most commonly, the municipality would calculate the number of anticipated weekly trips against a building’s square footage and charge the owner the estimated weekly trip rate. Small homes would pay much less than a public space like a church or school.
TUFs are becoming more popular as municipalities face aging transportation infrastructure with declining tax bases. Even though towns and cities are rethinking TUFs, infrastructure repairs are still needed. Be prepared for your municipality to attempt charging a TUF or other fees in the future.
There are several ways to calculate a TUF, but it’s important to note that it’s not a wheel tax. A TUF is when the city charges a fee based on a calculation of variables related to road usage and occupied space.
Most commonly, the municipality would calculate the number of anticipated weekly trips against a building’s square footage and charge the owner the estimated weekly trip rate. Small homes would pay much less than a public space like a church or school.
TUFs are becoming more popular as municipalities face aging transportation infrastructure with declining tax bases. Even though towns and cities are rethinking TUFs, infrastructure repairs are still needed. Be prepared for your municipality to attempt charging a TUF or other fees in the future.
Over the last month, it seems more common for school districts to quickly call for snow days that are actually online learning days, while private schools continue to have in-person classes. Who is responsible for the payment of the bus run for a “snow day”? Could you share with me what we are responsible for when it comes to the busing of our students to school and back home?
*The busing regulations have, thus far in the wake of COVID-19 and online learning, remain unchanged. For days that a public school is not in session, the public school district must still provide transportation to private school pupils. The DPI still has its guidance posted as follows:
“Must a public school district provide transportation to private school pupils on days the public school is not in session?”
“An opinion from the Attorney General, 61 O.A.G. 240, 244 (1972), stated that a public school board is required to provide transportation for private school pupils attending school on days when the public school district is not in session. The Wisconsin Court of Appeals confirmed that position in Hahner v. Board of Education, Wisconsin Rapids, 89 Wis. 2d 180 (1979). It is beneficial to both the public and private school(s) in the same school district to have school calendars which are as consistent as possible.”
For reference, the Hahner v. Board of Education, Wisconsin Rapids case involved busing private school students during the Wisconsin Rapids School District’s vacation period, but the principle stands. The Court held that the purpose of the transportation requirement is “to insure the safety and welfare of the pupils” and the fact that the “school district would save money by not transporting private school pupils during a week when the public schools are closed for vacation is a factor which bears no relationship to the safety and welfare of the pupils being transported to private schools.”
The DPI similarly explains on its website that no fee can be charged for transportation that is provided for the transportation for private school students. (That is, assuming that the student is within the applicable geographic limits for busing. See page 6 of the WCRIS Legal Handbook for more information.)
“Can a school district charge a fee to transport pupils to private school?”
“If a private school pupil is eligible for transportation in accordance with s. 121.54, Wis. Stats., the school district is not permitted to charge any part of the cost of such transportation to the pupil or the pupil's parents or guardians. [See s.121.54(8), Wis. Stats.] However, a fee may be charged to the parent/guardian of a pupil whom the school district is not required to transport if such transportation is requested by the pupil's parent/guardian. [See ‘Additional Transportation,’ s. 121.545(1), Wis. Stats.]”
There are other guidance pieces, including that midday busing for 4K students must also be provided and other provisions regarding hazardous areas. The school district should provide busing (free of charge), even on the days that it is not in school, whether that is due to its own vacation days, snow days, in service days, etc.
WCRIS suggests principals be proactive and contact the public school district to inquire about its plan for transporting students on such occasions.
To assist our members and their students, WCRIS is hosting a webinar on March 3 that will cover what is required of your school and the school district, as well as how to meet the required April 1 and May 15 transportation deadlines. Register here.
And as always, Contact WCRIS or consult page 6 of your Legal Handbook with questions.
*Special thanks for this busing legal guidance to Attorney Jessica T. Kirchner and the law firm of Moen Sheehan Meyer, Ltd.
“Must a public school district provide transportation to private school pupils on days the public school is not in session?”
“An opinion from the Attorney General, 61 O.A.G. 240, 244 (1972), stated that a public school board is required to provide transportation for private school pupils attending school on days when the public school district is not in session. The Wisconsin Court of Appeals confirmed that position in Hahner v. Board of Education, Wisconsin Rapids, 89 Wis. 2d 180 (1979). It is beneficial to both the public and private school(s) in the same school district to have school calendars which are as consistent as possible.”
For reference, the Hahner v. Board of Education, Wisconsin Rapids case involved busing private school students during the Wisconsin Rapids School District’s vacation period, but the principle stands. The Court held that the purpose of the transportation requirement is “to insure the safety and welfare of the pupils” and the fact that the “school district would save money by not transporting private school pupils during a week when the public schools are closed for vacation is a factor which bears no relationship to the safety and welfare of the pupils being transported to private schools.”
The DPI similarly explains on its website that no fee can be charged for transportation that is provided for the transportation for private school students. (That is, assuming that the student is within the applicable geographic limits for busing. See page 6 of the WCRIS Legal Handbook for more information.)
“Can a school district charge a fee to transport pupils to private school?”
“If a private school pupil is eligible for transportation in accordance with s. 121.54, Wis. Stats., the school district is not permitted to charge any part of the cost of such transportation to the pupil or the pupil's parents or guardians. [See s.121.54(8), Wis. Stats.] However, a fee may be charged to the parent/guardian of a pupil whom the school district is not required to transport if such transportation is requested by the pupil's parent/guardian. [See ‘Additional Transportation,’ s. 121.545(1), Wis. Stats.]”
There are other guidance pieces, including that midday busing for 4K students must also be provided and other provisions regarding hazardous areas. The school district should provide busing (free of charge), even on the days that it is not in school, whether that is due to its own vacation days, snow days, in service days, etc.
WCRIS suggests principals be proactive and contact the public school district to inquire about its plan for transporting students on such occasions.
To assist our members and their students, WCRIS is hosting a webinar on March 3 that will cover what is required of your school and the school district, as well as how to meet the required April 1 and May 15 transportation deadlines. Register here.
And as always, Contact WCRIS or consult page 6 of your Legal Handbook with questions.
*Special thanks for this busing legal guidance to Attorney Jessica T. Kirchner and the law firm of Moen Sheehan Meyer, Ltd.
The local public school district said that they won’t transport my students because the district is not in session when the private school is in session. Is this allowed?
No, it is not allowed. Public school districts are required to transport private school students on days that the private school is in session, regardless of whether or not the public schools are in session. This also applies to days that the public school is doing virtual learning.
If a district notifies you that they are not going to transport your students on days the district is not in session, you should do the following:
Send an email to the transportation coordinator at the district with the following information from the Department of Public Instruction’s website question number 3:
3. Must a public school district provide transportation to private school pupils on days the public school is not in session?
An opinion from the Attorney General, 61 O.A.G. 240, 244 (1972), stated that a public school board is required to provide transportation for private school pupils attending school on days when the public school district is not in session. The Wisconsin Court of Appeals confirmed that position in Hahner v. Board of Education, Wisconsin Rapids, 89 Wis. 2d 180 (1979). It is beneficial to both the public and private school(s) in the same school district to have school calendars which are as consistent as possible.
If the district continues to deny transportation to your school, please contact WCRIS’s State Programs Coordinator Daniel Henderson at (608) 287-1224 or dhenderson@wcris.org.
You can find helpful information about transportation on page 6 of the WCRIS Legal Handbook. You can access a digital copy here or order an extra copy here.
If a district notifies you that they are not going to transport your students on days the district is not in session, you should do the following:
Send an email to the transportation coordinator at the district with the following information from the Department of Public Instruction’s website question number 3:
3. Must a public school district provide transportation to private school pupils on days the public school is not in session?
An opinion from the Attorney General, 61 O.A.G. 240, 244 (1972), stated that a public school board is required to provide transportation for private school pupils attending school on days when the public school district is not in session. The Wisconsin Court of Appeals confirmed that position in Hahner v. Board of Education, Wisconsin Rapids, 89 Wis. 2d 180 (1979). It is beneficial to both the public and private school(s) in the same school district to have school calendars which are as consistent as possible.
If the district continues to deny transportation to your school, please contact WCRIS’s State Programs Coordinator Daniel Henderson at (608) 287-1224 or dhenderson@wcris.org.
You can find helpful information about transportation on page 6 of the WCRIS Legal Handbook. You can access a digital copy here or order an extra copy here.
The public school district transports our children. The district recently requested that we provide a list of the students being bused and the distance in miles each child is being transported. The district said we should use Google Maps or some other online resource to determine the mileage. What should we do?
Do not get into the business of calculating mileage for the school district. It is the school district's responsibility to coordinate the transportation of private school students. The district or its bus company should make these calculations based on bus routes and usually traveled roads. There is no benefit in the private school doing this calculation. In fact, providing such information may be used against private school students' busing needs.
Politely decline the district's request and make sure you meet the following important deadlines required by state law:
April 1: Submit a map your school's attendance area
May 15: Submit a list of student names and grade levels who will need busing for the following year.
Politely decline the district's request and make sure you meet the following important deadlines required by state law:
April 1: Submit a map your school's attendance area
May 15: Submit a list of student names and grade levels who will need busing for the following year.
Are there different rules for private school transportation of students with special needs?
The answer is dependent on whether or not the child's IEP includes transportation. School districts receive additional transportation aid for transporting students with IEPs. However, there is no legal requirement that a student must receive special transportation because of the IEP. In fact, separating the transportation methods for a special needs student from his/her peers could violate his/her rights under state and federal laws requiring "a free appropriate public education" in the "least restrictive environment."
Yet, if the student's IEP specifies transportation needs, the district needs to provide specialized transportation and can have it covered under the state's "Special Education and School-Age Parents Aid" formula.
Wisconsin Statute 121.54(3) Transportation for Children with Disabilities
Yet, if the student's IEP specifies transportation needs, the district needs to provide specialized transportation and can have it covered under the state's "Special Education and School-Age Parents Aid" formula.
Wisconsin Statute 121.54(3) Transportation for Children with Disabilities
If I've reviewed the current attendance area map on file at the local school district that provides busing for our private school students, or there is no map, how do I go about making changes to the current map, or creating a new one?
You may need to make changes to your attendance area because there are new subdivisions or another private school in your area has closed and you will now serve their students.
You should use the official public school district map(s) outlining boundaries to define your attendance area. When drawing your map, make sure your attendance area does not overlap with other private schools of the same religious denomination. For example, if you are a Catholic school, you can not overlap attendance areas with another Catholic school in your district. You could, however, overlap with Lutheran, Christian or Independent private schools. Another example is if you are a Lutheran school in the Lutheran Church Missouri Synod, you can overlap with a Lutheran school from the Wisconsin Evangelical Lutheran Synod.
You should use the official public school district map(s) outlining boundaries to define your attendance area. When drawing your map, make sure your attendance area does not overlap with other private schools of the same religious denomination. For example, if you are a Catholic school, you can not overlap attendance areas with another Catholic school in your district. You could, however, overlap with Lutheran, Christian or Independent private schools. Another example is if you are a Lutheran school in the Lutheran Church Missouri Synod, you can overlap with a Lutheran school from the Wisconsin Evangelical Lutheran Synod.
Can a private school use an alternative method to transport pupils, such as volunteer drivers or a 15-passenger van?
The State statutes outline what is permissible. This is covered on pages 7-13 of the WCRIS 2020-21 Legal Handbook.
In addition, the Department of Transportation (DOT) has created a quick guide detailing transportation of pupils in school buses and other vehicles. It also provides a simple-to-read grid outlining the color of the vehicle; number of people allowed; the type of passengers allowed; where they are allowed to be transported; and the driver license class necessary.
Read it here.
You may want to print out the DOT guide and keep it in your WCRIS Legal Handbook for future reference.
In addition, the Department of Transportation (DOT) has created a quick guide detailing transportation of pupils in school buses and other vehicles. It also provides a simple-to-read grid outlining the color of the vehicle; number of people allowed; the type of passengers allowed; where they are allowed to be transported; and the driver license class necessary.
Read it here.
You may want to print out the DOT guide and keep it in your WCRIS Legal Handbook for future reference.
I am organizing my private school's busing list and maps for the April 1 deadline. How do I get an updated busing list and map of our public school district areas?
First, make a written request to the public school district or districts in which your students live. Ask each district to give you a copy of the attendance area for your school that they have on file.
Next, ask each district for an official, detailed geographic map of the public school district and request that the map include streets and roads and the names of the streets and roads.
Tell the school district you need the maps to help you comply with the state busing law that requires you to submit a map of your attendance area by April 1.
Once you see the attendance area map the public school district has on file, you may realize you do not need to make any changes to your school's. If you do not need to make any changes, the existing map the district has on file for your school will rule.
Next, ask each district for an official, detailed geographic map of the public school district and request that the map include streets and roads and the names of the streets and roads.
Tell the school district you need the maps to help you comply with the state busing law that requires you to submit a map of your attendance area by April 1.
Once you see the attendance area map the public school district has on file, you may realize you do not need to make any changes to your school's. If you do not need to make any changes, the existing map the district has on file for your school will rule.
