Recently, we reported that the Illinois Supreme Court (the “Court”) agreed to hear an appeal from E.W. v. Board of Education of East St. Louis School District No. 189, which addresses whether the East St. Louis School District (“District”) was required to provide transportation for students attending a local private school. The case centered on the interpretation of Section 29-4 of the Illinois School Code, which requires school districts that provide transportation to public-school students to also provide certain transportation services to nonpublic-school students.
The Court issued its decision reversing the Fifth District Appellate Court and ruling in favor of the District. In a 4-3 decision, the Court held that Section 29-4 does not require school districts to alter existing bus routes or create new routes to transport nonpublic-school students directly to their schools.
The dispute stemmed from the District’s decision to discontinue services previously provided to two students attending a metro-east private school due to bus driver shortages. The plaintiffs argued that the students qualified for transportation under Section 29-4 because they attended a nonpublic school, lived more than 1.5 miles from the nonpublic school, and resided within the District’s boundaries. Having met those requirements, they contended that the District was required to continue providing bus service to and from the school. The District maintained that the statute did not require it to alter existing bus routes or create additional routes for nonpublic school students.
The Court agreed with the District. Focusing on the statutory language referencing a school district’s “regular route,” the Court concluded that Section 29-4 guarantees eligible nonpublic-school students access to transportation only at points located on existing public school bus routes. Further, the Court explained that the statute requires districts to make transportation available along those routes but does not require them to “go out of their way” by redesigning routes or creating separate transportation services for private school students. The Court acknowledged that districts may still choose to establish separate routes for nonpublic-school students when doing so is safer, more efficient, or more economical. However, the Court made clear that such services are discretionary, not mandatory. The Court’s decision reinstated the St. Clair County Circuit Court’s judgment in favor of the District.
The decision brings needed clarity to a long-standing question dating back to the 1970s regarding the scope of transportation obligations owed to nonpublic-school students under Illinois law. School districts now have clear guidance that Section 29-4 requires transportation only along existing, regular routes unless a district elects to provide additional services. This clarification may prove particularly significant for districts facing staffing shortages, budget constraints, or logistical transportation challenges. Whether future legislative action will revisit Section 29-4 or expand transportation requirements remains to be seen. Still, for now, Illinois school districts have clearer guidance on the limits of their obligations under the statute.
If you have any questions about Section 29-4, this ruling, or are navigating a transportation issue, please get in touch with one of our Student Practice Group attorneys. For further information regarding this case, click the link to read our previously reported article.
Source: E.W. v. Board of Education of East St. Louis School District No. 189, 2026 IL 131757 (Ill. June 25, 2026)
