The Illinois Supreme Court will decide the extent of a public school district’s transportation obligations under Section 29-4 of the School Code. In E.W. v. Bd. of Educ. of E. St. Louis Sch. Dist. No. 189, the appellate court recently reversed a trial court decision and ruled in favor of private school parents, arguing that the statute obligated the district to transport the students to and from their private school.
The District appealed to the Supreme Court, arguing that the appellate court erred by expanding those obligations beyond what the statute allows. The district maintains that Section 29-4 requires only that nonpublic school students be transported to and from points on the district’s existing regular bus routes, not that the district modify routes, create new stops, or “go out of its way” to provide door-to-school service. The district asks the Supreme Court to reverse the appellate court decision and reinstate the circuit court’s judgment, which held that the statute’s plain language limits transportation to existing routes and does not require the district to provide the same transportation offered to public-school students under a different statutory section.
The case arises from a multi-year dispute over transportation for private school students in a metro-east school district attending a private school within the district’s boundaries. Due to a bus driver shortage, the district discontinued separate nonpublic school routes and instead offered to place the students on existing public-school routes, consistent with Section 29-4. The plaintiffs sought a declaratory judgment requiring the district to provide transportation closer to their homes and school, arguing that the statute required more than access to existing routes. The district countered that section 29-4 expressly limits transportation to points on its regular routes and that courts cannot rewrite the statute to impose broader obligations. The district also emphasized longstanding appellate precedent holding that districts are not required to alter routes, incur additional costs, or provide transportation on days when public schools are not in session.
The Supreme Court’s resolution will clarify the statewide scope of Section 29-4 and determine whether districts must provide only access to existing routes or something more expansive for nonpublic school students.
The Supreme Court’s decision will directly affect school operational costs, bus route design, and statutory compliance, clarifying whether courts can require districts to modify routes or whether the statute limits transportation of private school students strictly to points on regular existing routes.
Source: E.W. v. Bd. of Educ. of E. St. Louis Sch. Dist. No. 189, No. 131757 (Ill. argued Jan. 7, 2026)
