E.W. v. The Board of Education of East St. Louis School District No.189
CourtIllinois Supreme Court
Date FiledJune 25, 2026
Docket131757
StatusPublished
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Supreme Court Date: 2026.08.13
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E.W. v. Board of Education of East St. Louis School District No. 189,
2026 IL 131757
Caption in Supreme E.W., By His Mother and Next Friend, Chandres Johnson et al.,
Court: Appellees, v. THE BOARD OF EDUCATION OF EAST ST. LOUIS
SCHOOL DISTRICT NO. 189, Appellant.
Docket No. 131757
Filed June 25, 2026
Decision Under Appeal from the Appellate Court for the Fifth District; heard in that
Review court on appeal from the Circuit Court of St. Clair County, the Hon.
Julie Katz, Judge, presiding.
Judgment Appellate court judgment reversed.
Circuit court judgment affirmed.
Counsel on Garrett P. Hoerner, of Becker, Hoerner & Ysursa, P.C., of Belleville,
Appeal for appellant.
Susan M. Simone and Paige N. Hume, of Land of Lincoln Legal Aid,
Inc., of East St. Louis, for appellees.
Ellen A. Dauber, of Join Hands ESL, and Sheila Burton, of Every
Child Education Equity Project, both of East St. Louis, amici curiae.
Justices JUSTICE O’BRIEN delivered the judgment of the court, with opinion.
Chief Justice Neville and Justices Holder White and Tailor concurred
in the judgment and opinion.
Justice Cunningham dissented, with opinion, joined by Justices
Overstreet and Rochford.
OPINION
¶1 Plaintiffs, E.W. and A.M., are elementary school students attending Bowman Catholic
Elementary School, a nonpublic school located in East St. Louis. Their respective parents,
Chandres Johnson and Antonio Brown, brought an action for declaratory and injunctive relief
against defendant, the Board of Education of East St. Louis School District No. 189 (District),
alleging that the District’s failure to provide bus transportation to their children violated section
29-4 of the School Code (105 ILCS 5/29-4) (West 2022)). The circuit court of St. Clair County
granted the District’s motion for summary judgment, finding the transportation afforded to
nonpublic schoolchildren under section 29-4 was limited to the District’s existing regular bus
routes and section 29-4 did not require the District to modify its regular bus routes to transport
nonpublic schoolchildren to and from their school.
¶2 The appellate court reversed, holding section 29-4 “requires a school district to treat
nonpublic school children, who otherwise qualify to use the school district’s transportation,
the same as it does the public school children attending the schools within its district.” 2025
IL App (5th) 230763-U, ¶ 1. This meant, according to the appellate court, that section 29-4
requires the District to modify its regular routes to accommodate nonpublic schoolchildren.
See id. ¶ 28. For the reasons that follow, we reverse the judgment of the appellate court.
¶3 I. BACKGROUND
¶4 For a period prior to August 2022, the District provided bus services to children attending
Bowman Catholic Elementary School (Bowman), a nonpublic school. In August 2022,
however, the District informed Bowman that it would no longer provide bus services to
children attending Bowman due to a shortage of bus drivers.
¶5 Plaintiffs, Chandres Johnson and Antonio Brown, are parents of children attending
Bowman. Both children reside in East St. Louis, and their homes are more than 1½ miles from
Bowman. Both children also live along a highway that composes one of the regular routes of
the District’s school buses. Plaintiffs filed a complaint for declaratory and injunctive relief on
behalf of their children against the District seeking an order compelling the District to provide
their children with bus transportation to and from Bowman. The complaint alleged that the
District’s refusal to provide their children with bus transportation violated section 29-4 of the
School Code, which requires a district providing bus transportation to public school students
to also provide bus transportation to nonpublic school students. The complaint requested an
order requiring the District to provide bus transportation to plaintiffs’ children by either a
regular existing route or a separate regular bus route in accordance with section 29-4 of the
School Code.
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¶6 Plaintiffs then filed a motion for a temporary restraining order. The motion sought to
compel the District to provide transportation to their children using either an existing bus route
or a separate bus route. The District opposed the motion, arguing that section 29-4 only
required it to provide transportation on its existing bus routes. In the District’s view, section
29-4 did not require the District to create a separate route to accommodate nonpublic
schoolchildren.
¶7 Following a hearing, the circuit court partially granted plaintiffs’ motion for a temporary
restraining order. The circuit court denied plaintiffs’ motion to the extent it sought an order
compelling the District to provide transportation to nonpublic school students via a separate
bus route. The court found that section 29-4 only required the District to provide free bus
transportation to nonpublic school students on its existing routes. To that end, the circuit court
granted plaintiffs’ motion to the extent it sought an order compelling the District to provide
their children with bus transportation on the District’s regular routes. However, the circuit court
noted that plaintiffs’ pleadings failed to identify an existing bus route that plaintiffs sought to
utilize. The court ordered the parties to confer and identify an existing bus route to provide
plaintiffs’ children with transportation in accordance with section 29-4. There are conflicting
statements in the record as to the success or failure of that meeting. Nevertheless, the record
shows that no suitable route was identified.
¶8 Subsequently, the District filed a motion for summary judgment. The District’s arguments
generally mirrored those made in its response to plaintiffs’ motion for a preliminary injunction.
It argued that section 29-4 only required the District to provide free bus transportation on its
existing regular bus routes and no more.
¶9 Plaintiffs filed a response to the District’s motion for summary judgment along with their
own cross-motion for summary judgment. Their arguments shifted from those made in the
complaint and motion for preliminary injunction. Plaintiffs now argued that section 29-4
required the District to modify its regular routes to accommodate transporting nonpublic
schoolchildren to and from their school. Plaintiffs noted that some regular routes went near
their homes but not near Bowman or vice versa. Plaintiffs contended that section 29-4 required
the District to either (1) use a regular route near plaintiffs’ home and transport them directly to
Bowman (modifying the route so that it dropped their children off at Bowman) or (2) use a
route near Bowman and take them directly to their home (modify the route to take the children
directly to their home). Alternatively, plaintiffs contended that the children could be transferred
between two routes.
¶ 10 The District’s response noted the change in plaintiffs’ position and how plaintiffs no longer
sought transportation on a regular bus route. Now, plaintiffs sought transportation on a route
near their homes to Bowman or on a route near Bowman to their homes. The District argued
that such a demand required the District to alter its routes to accommodate plaintiffs’
transportation. The District contended that request was beyond the scope of section 29-4, which
only provided transportation on the District’s existing bus routes.
¶ 11 Following a hearing, the circuit court granted summary judgment in favor of the District.
Again, the circuit court found that the scope of transportation afforded by section 29-4 was
limited to points on the regular routes of the bus service. It therefore rejected plaintiffs’
argument that section 29-4 required the District to modify its routes to pick up the students at
a point near their homes and take them to school or the opposite. Despite the statutory
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obligation to provide transportation on the regular routes, the circuit court noted that plaintiffs
never identified an existing regular route they sought to utilize.
¶ 12 On appeal, the dispute turned on the appropriate interpretation of section 29-4. Id. ¶ 12.
The appellate court was asked to interpret the meaning of the phrase, “ ‘such transportation to
extend from some point on the regular route nearest or most easily accessible to their homes
to and from the school attended, or to or from a point on such regular route which is nearest or
most easily accessible to the school attended by such children.’ ” Id. ¶ 22 (quoting 105 ILCS
5/29-4 (West 2000)).
¶ 13 The appellate court noted the inclusion of the word “extend” in the statutory text.
Specifically, “ ‘such transportation to extend from some point on the regular route.’ ”
(Emphasis in original.) Id. ¶ 26 (quoting 105 ILCS 5/29-4 (West 2000)). In this context, the
appellate court believed that extend meant “ ‘[t]o cause (something) to be longer, wider, or
cover more area.’ ” Id. (quoting American Heritage Dictionary of the English Language
Online, https://ahdictionary.com/word/search.html?q=extend (last visited Mar. 7, 2025)). The
appellate court observed how section 29-4 also provided transportation to nonpublic
schoolchildren residing less than 1½ miles from the school attended, “on the same basis as it
provides transportation for its own pupils residing within that distance from the school
attended.” (Internal quotation marks omitted.) Id. ¶ 29. In the appellate court’s view, this
language “evidence[d] the legislature’s intent that a school district must treat the nonpublic
school children (who otherwise qualify to use the school district’s transportation) the same as
it does the public school children attending the schools within its district.” Id. This meant “the
school district is obligated to pick up Bowman students in the same fashion that it does its own
students” and “the school district is required to deliver those children to their school, just as it
does its own students.” Id. Consequently, the appellate court reversed the circuit court’s order
granting summary judgment in favor of defendant and remanded with directions to grant
plaintiffs’ request for declaratory judgment and injunctive relief consistent with its order. Id.
¶ 32.
¶ 14 We allowed the District’s petition for leave to appeal pursuant to Illinois Supreme Court
Rule 315(a) (eff. Dec. 7, 2023). We also allowed Join Hands ESL and Every Child Education
Equity Project to file an amicus curiae brief in support of plaintiffs’ position. See. Ill. S. Ct. R.
345 (eff. Sept. 20, 2010).
¶ 15 II. ANALYSIS
¶ 16 We are asked to determine the scope of transportation a local school district must provide
to nonpublic school students living at least 1½ miles from their school under section 29-4 of
the School Code (105 ILCS 5/29-4 (West 2022)). Specifically, the question is whether section
29-4 limits the scope of transportation to points along the regular bus routes or broadly requires
modification of the regular bus routes to accommodate transporting nonpublic schoolchildren.
The appeal comes before this court from a circuit court order granting the District’s motion for
summary judgment and denying plaintiffs’ cross-motion for summary judgment. When parties
file cross-motions for summary judgment, they agree that there is no genuine issue of material
fact and the case may be decided as a matter of law. Jones v. Municipal Employees’ Annuity
& Benefit Fund of Chicago, 2016 IL 119618, ¶ 26. Given that the instant case “involves the
circuit court’s ruling on cross-motions for summary judgment and requires statutory
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construction, our review is de novo.” Iwan Ries & Co. v. City of Chicago, 2019 IL 124469,
¶ 18.
¶ 17 The principles guiding our interpretation of section 29-4 are well established. Our primary
goal is to ascertain and give effect to the intent of the legislature. Id. ¶ 19. The plain and
ordinary meaning of the statutory text provides the most reliable indicator of legislative intent.
Oswald v. Hamer, 2018 IL 122203, ¶ 10. The statute must also be viewed as a whole and not
in isolation. Murphy-Hylton v. Lieberman Management Services, Inc., 2016 IL 120394, ¶ 25.
Words and phrases must be construed in context to other relevant statutory provisions. Id. The
court may also consider the reason for the law, the problems sought to be remedied, the
purposes to be achieved, and the consequences of construing the statute one way or another.
Chicago Teachers Union, Local No. 1 v. Board of Education of Chicago, 2012 IL 112566,
¶ 15.
¶ 18 Section 29-4 “was enacted for the secular legislative purpose of protecting the health and
safety of children traveling to and from nonpublic schools.” Board of Education, School
District No. 142 v. Bakalis, 54 Ill. 2d 448, 461 (1973). Under section 29-4, “[t]he school board
of any school district that provides any school bus or conveyance for transporting” students to
and from public schools “shall” afford free transportation to “children who attend a charter
school or any school other than a public school.” 105 ILCS 5/29-4 (West 2022). In relevant
part, nonpublic schoolchildren qualify for free transportation if they reside “at least 1½ miles
from the school attended,” and reside “along the highway constituting the regular route” of the
public school bus. Id.
¶ 19 There is no dispute that the District provides school bus transportation services to and from
public schools. There is also no dispute that E.W. and A.M. satisfy the criteria to be entitled to
transportation as nonpublic school students. They reside at least 1½ miles from Bowman, and
they reside on or along a highway constituting the regular route of the District’s regular bus
routes. Having met these requirements, the District is statutorily required to afford
transportation without cost to these students. Section 29-4 defines the scope of transportation:
“such transportation to extend from some point on the regular route nearest or most easily
accessible to their homes to and from the school attended, or to or from a point on such regular
route which is nearest or most easily accessible to the school attended by such children.” Id.
¶ 20 Plaintiffs interpret the scope of section 29-4 as providing two options to the District:
provide transportation from or near their homes to their school directly or to a point that is
nearest and most easily accessible to their school. The District, on the other hand, contends
that the transportation required by section 29-4 is limited to its regular routes. As such, the
District contends that section 29-4 only requires the District to pick up and drop off a nonpublic
school student at the points on its regular route nearest or most easily accessible to the student’s
home and school.
¶ 21 In reviewing the language at issue, we find the strongest indicator of legislative intent is
the use of the term “regular route” in defining the scope of transportation. Section 29-4 defines
the two locations along the “regular route” where the District is to offer transportation. See id.
The first clause defines the location with respect to the child’s residence “to and from the
school.” Id. The pickup and drop-off point at the child’s residence is the point on the regular
route “nearest or most easily accessible to” the child’s home. Id. The second clause defines the
location “on such regular route” for pickup and drop-off at the child’s school. Id. That location
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is defined as the point on “such regular route” that is “nearest or most easily accessible” to the
school attended. Id.
¶ 22 It is significant that the legislature defined the points of pickup and drop-off as points along
the regular route that are nearest or most easily accessible to the child’s school and home, and
not a point that is nearest and closest to the child’s home or school in general. By defining the
scope of transportation as points along the regular route, the legislature limited the scope of
transportation to provide for pickup and drop-off at points along the already existing regular
route. This evidences a clear legislative intent that section 29-4 would not operate to require a
local school district to modify its regular bus routes to accommodate transporting nonpublic
schoolchildren. For this reason, the appellate court erred in defining the term extend as “[t]o
cause (something) to be longer, wider, or cover more area.” (Internal quotation marks omitted.)
2025 IL App (5th) 230763-U, ¶ 27. Nothing within section 29-4 requires the district to modify
its regular routes. See generally Cassidy v. China Vitamins, LLC, 2018 IL 122873, ¶ 22 (noting
how our rules of statutory construction do not permit the court to add new limitations not
expressed by the legislature). Instead, “extend” in this context means “to make available.”
Merriam-Webster Online Dictionary, https://www.merriam-webster.com/dictionary/extend
(last visited Apr. 28, 2026) [https://perma.cc/ATV6-LE5Q].
¶ 23 Of course, nothing within section 29-4 prohibits the District from modifying its regular bus
routes to take nonpublic schoolchildren directly to and from their school. And the District has
the discretion under section 29-4 to operate a separate bus route “for the benefit of [nonpublic
schoolchildren] where the operation of such routes is safer, more economical and more
efficient than if such school district were precluded from operating separate regular bus
routes.” 105 ILCS 5/29-4 (West 2022). Additionally, it appears the District may be reimbursed
for the costs of transporting nonpublic schoolchildren. See 23 Ill. Adm. Code 120.30(a)(3)
(2020) (allowing reimbursement for transportation services provided to nonpublic school
pupils where transportation is afforded on the same basis as transportation services for public
school pupils in section 29-4). Section 29-4, however, does not require the District to modify
its regular bus routes or create a separate bus route to transport nonpublic schoolchildren. In
short, there is no language within section 29-4 requiring the District to “go out of [its] way” to
transport nonpublic school students. (Internal quotation marks omitted.) C.E. v. Board of
Education of East St. Louis District No. 189, 2012 IL App (5th) 110390, ¶ 10 (holding section
29-4 does not require a public school district to provide transportation to nonpublic
schoolchildren on days public schools are not in session).
¶ 24 Plaintiffs’ interpretation largely relies on the use of the word “or” in section 29-4.
Specifically, the transportation is to extend “from some point on the regular route nearest or
most easily accessible to their homes to and from the school attended, or to or from a point on
such regular route which is nearest or most easily accessible to the school attended.” (Emphasis
added.) 105 ILCS 5/29-4 (West 2022). Plaintiffs contend the use of “or” between the phrases
“to and from the school attended” and “to or from a point on such regular route which is nearest
or most easily accessible to the school” means the District has two options: either transport the
child directly to the child’s school or, “at the very least,” to a point “nearest or most easily
accessible to the school” on the regular route. We disagree.
¶ 25 The phrase “to and from the school attended” in the first clause is meant to define the
pickup and drop-off location at the child’s home, i.e., the point on the regular route nearest or
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most easily accessible to the child’s home to and from school. It does not define the pickup
and drop-off location at the school. Rather, that point is defined in the second clause, which is
the point on the regular route nearest or most easily accessible to the school attended. The word
“or” in this context is meant to differentiate the direction transportation is flowing—from home
to school or from school to home on the regular route. Transportation to school requires pickup
at the point on the regular route that is nearest or most easily accessible to the child’s home,
and drop-off occurs at the point on the regular route nearest and most easily accessible to the
child’s school. Or, if transportation is from school to the child’s home, pickup is at the point
nearest or most easily accessible to the child’s school, and drop-off is the point on the regular
route nearest or most easily accessible to the child’s home.
¶ 26 Plaintiffs also direct our attention to the inclusion of the verbiage “on the same basis” in
section 29-4. See id. Plaintiffs contend that providing transportation “on the same basis” means
that the District must consider the same factors it considers when it routes the buses for public
schoolchildren. The source of this language is section 29-4, but the language appears only in
the portion of section 29-4 governing transportation of students living within 1½ miles of their
school. Specifically, nonpublic schoolchildren residing within 1½ miles of their school are
afforded “transportation *** on the same basis as it provides transportation for its own pupils
residing within that distance from the school attended.” (Emphasis added.) Id. Plaintiffs do not
reside within 1½ miles of Bowman, and consequently, this portion of section 29-4 does not
apply. We cannot ignore the different language the legislature used in these distinct portions
of section 29-4. See Illinois State Treasurer v. Illinois Workers’ Compensation Comm’n, 2015
IL 117418, ¶ 28 (where the legislature uses differing language, rules of statutory construction
require us to assume different meanings or results were intended); see also Evans v. Cook
County State’s Attorney, 2021 IL 125513, ¶ 39.
¶ 27 In closing, we acknowledge section 29-4 was enacted for the “secular legislative purpose
of protecting the health and safety of children traveling to and from nonpublic schools.”
Bakalis, 54 Ill. 2d at 461. That does not mean that section 29-4 must be interpreted as requiring
a local school district to modify its existing regular bus routes to accommodate nonpublic
schoolchildren. The benefits afforded by section 29-4 are “incidental” to nonpublic schools in
that section 29-4 only “requires a school board to provide the same transportation along its
regular school bus routes for nonpublic school pupils as it provides for its public school
pupils.” Id. at 451, 461. We are mindful that in some communities the regular routes of the
public school transportation system might not offer a realistic means of school transportation.
For example, the point on the regular route that is nearest or most easily accessible to the
child’s school may be a significant distance. In that case, parents of nonpublic schoolchildren
are left to find other means of school transportation. Still, whether section 29-4 is “wise or
unwise, and whether it is the best means to achieve the desired results, are among the matters
for the legislature and not the courts.” People v. Shephard, 152 Ill. 2d 489, 503 (1992). Just as
section 29-4 does not require the public school district to provide transportation to nonpublic
schoolchildren on days public schools are not in session (C.E., 2012 IL App (5th) 110390,
¶ 10), section 29-4 does not command a local district to modify its regular bus routes to
accommodate transporting nonpublic schoolchildren to and from their place of learning.
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¶ 28 III. CONCLUSION
¶ 29 We reverse the appellate court’s judgment and hold that transportation provided by a local
school district to nonpublic schoolchildren living at least 1½ miles from their place of learning
under section 29-4 is limited to transportation at points along the District’s regular bus routes.
Therefore, the circuit court properly granted summary judgment in favor of the District where
plaintiffs’ sole request was for an order commanding the District to modify its regular bus
routes.
¶ 30 Appellate court judgment reversed.
¶ 31 Circuit court judgment affirmed.
¶ 32 JUSTICE CUNNINGHAM, dissenting:
¶ 33 The majority holds that, in enacting section 29-4 of the School Code (105 ILCS 5/29-4
(West 2022)), the legislature intended to provide a bus transportation program for nonpublic
schoolchildren that would protect the health and safety of the children “ ‘traveling to and from
nonpublic schools’ ” (supra ¶ 27 (quoting Board of Education, School District No. 142 v.
Bakalis, 54 Ill. 2d 448, 461 (1973))) but that the legislature did not, in fact, intend to have any
of the school buses actually take those children to their schools. Instead, according to the
majority, the legislature intended for the schoolchildren to be taken someplace other than their
school—to a point somewhere along a public school bus route that might be miles away from
the nonpublic school and that could leave the schoolchildren with no means of safely reaching
their own school. The majority’s holding is deeply misguided. When interpreting a statute, we
do not “ ‘insult the legislature by attributing absurdities to it.’ ” People v. Hanna, 207 Ill. 2d
486, 500 (2003) (quoting Krzalic v. Republic Title Co., 314 F.3d 875, 880 (7th Cir. 2002)). Yet
that is what the majority has done here. The majority has concluded that the legislature enacted
an inherently contradictory statute. The majority’s reading of section 29-4 means that the
statute both requires that nonpublic schoolchildren be transported to and from their schools
and that they not be transported to and from their schools. That cannot be correct. Section 29-
4 plainly requires that nonpublic schoolchildren be transported to and from their schools. The
statute cannot reasonably be read to mean both that the schoolchildren are required to be
transported to their schools and that they are also not required to be transported to their schools.
¶ 34 And there is an additional, more fundamental problem with the majority’s construction of
section 29-4. “It is well established that in the construction of statutes, the courts start with the
assumption that the legislature intended to enact an effective law, and the legislature is not to
be presumed to have done a vain thing in the enactment of a statute.” Pliakos v. Illinois Liquor
Control Comm’n, 11 Ill. 2d 456, 459 (1957). Thus, courts have a duty to avoid an interpretation
of a statute that would render it “ ‘insignificant, meaningless, inoperative, or nugatory.’ ”
Matsuda v. Cook County Employees’ & Officers’ Annuity & Benefit Fund, 178 Ill. 2d 360, 366
(1997) (quoting Pliakos, 11 Ill. 2d at 460). The majority’s construction of section 29-4 ignores
that fundamental principle.
¶ 35 No parent is going to put a child—especially an elementary schoolchild—on a bus that
does not take the child to the school the child is attending. It would be both pointless and
completely irresponsible to do so. As construed by the majority, the bus transportation service
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required by section 29-4 would never be used. The majority has thus rendered section 29-4
completely inoperative and, indeed, has effectively repealed the statute.
¶ 36 The majority recognizes the implausibility of its construction of section 29-4 but states that
it is simply deferring to the legislature on a matter of policy. Supra ¶ 27. The majority has it
backwards. By effectively repealing section 29-4, the majority is not showing deference to the
legislature but is, instead, positing its own policy pronouncement, premised upon a deeply
flawed reading of the statute.
¶ 37 The bus transportation program for nonpublic schoolchildren currently codified in section
29-4 was first established in 1933 and has been in continuous existence for 93 years. Bakalis,
54 Ill. 2d at 464 (citing 1933 Ill. Laws 1048). According to the Illinois State Board of
Education, in the 2024-25 school year, 8,355 nonpublic schoolchildren made use of the
program. See Ill. State Bd. of Educ., Illinois Public School Pupil Transportation Statistics by
District, Annual Statistical Report, Table 24 (2024-25), https://secrpt.isbe.net/WebReports/
WebReports/Index/A361C5B2-FAEC-496C-ACEC-46A2B6D35080 [https://perma.cc/
LGC5-Z3LJ]. Whatever the views of the majority on the desirability of providing bus
transportation for nonpublic schoolchildren, it cannot be the role of this court to eliminate such
a long-standing and widely used program intended to benefit nonpublic schoolchildren in
Illinois.
¶ 38 The majority’s conclusion that the legislature intended for nonpublic schoolchildren to be
transported someplace other than their own school finds no support in either the text or history
of section 29-4. That provision states, in full:
“Pupils attending a charter school or nonpublic school. The school board of any school
district that provides any school bus or conveyance for transporting pupils to and from
the public schools shall afford transportation, without cost, for children who attend a
charter school or any school other than a public school, who reside at least 1 ½ miles
from the school attended, and who reside on or along the highway constituting the
regular route of such public school bus or conveyance, such transportation to extend
from some point on the regular route nearest or most easily accessible to their homes
to and from the school attended, or to or from a point on such regular route which is
nearest or most easily accessible to the school attended by such children. Nothing
herein shall be construed to prevent high school districts from transporting public or
nonpublic elementary school pupils on a regular route where deemed appropriate. The
elementary district in which such pupils reside shall enter into a contractual agreement
with the high school district providing the service, make payments accordingly, and
make claims to the State in the amount of such contractual payments. The person in
charge of any charter school or school other than a public school shall certify on a form
to be provided by the State Superintendent of Education, the names and addresses of
pupils transported and when such pupils were in attendance at the school. If any such
children reside within 1 ½ miles from the school attended, the school board shall afford
such transportation to such children on the same basis as it provides transportation for
its own pupils residing within that distance from the school attended.
Nothing herein shall be construed to preclude a school district from operating
separate regular bus routes, subject to the limitations of this Section, for the benefit of
children who attend a charter school or any school other than a public school where the
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operation of such routes is safer, more economical and more efficient than if such
school district were precluded from operating separate regular bus routes.
If a school district is required by this Section to afford transportation without cost
for any child who is not a resident of the district, the school district providing such
transportation is entitled to reimbursement from the school district in which the child
resides for the cost of furnishing that transportation, including a reasonable allowance
for depreciation on each vehicle so used. The school district where the child resides
shall reimburse the district providing the transportation for such costs, by the 10th of
each month or on such less frequent schedule as may be agreed to by the 2 school
districts.” (Emphasis added.) 105 ILCS 5/29-4 (West 2022).
¶ 39 Section 29-4 states that a public school district subject to its terms is required to provide
bus transportation to nonpublic schoolchildren and that such transportation must “extend from
some point on the regular route nearest or most easily accessible to their homes to and from
the school attended, or to or from a point on such regular route which is nearest or most easily
accessible to the school attended by such children.” Id. This language is an express charge to
public school districts to provide bus transportation that stops at, or at least near, the nonpublic
school the schoolchildren are attending. By its plain terms section 29-4 mandates that
nonpublic schoolchildren be transported to their school in the same way that public
schoolchildren are transported to theirs.
¶ 40 The majority rejects the idea that section 29-4 requires that the school buses actually stop
at or near the nonpublic school. The majority agrees with the defendant school district’s
construction of section 29-4 regarding the destination to which public school districts are
required to transport nonpublic schoolchildren. The majority finds that the “strongest indicator
of legislative intent” in defining the scope of the transportation requirement imposed by section
29-4 is the statute’s “use of the term ‘regular route.’ ” Supra ¶ 21. The majority posits that the
use of that term means that a school district has no obligation under section 29-4 to transport
nonpublic schoolchildren to, or near, their school. Supra ¶¶ 21-24. Instead, according to the
majority, the school district’s only obligation is to transport the nonpublic schoolchildren to a
point somewhere along an unmodified public school bus route that is nearest to the nonpublic
school, even if that point is miles away from the nonpublic school and the schoolchildren are
left with no means of safely reaching their own school. 1 Supra ¶ 25. This analysis is untenable
and unpersuasive.
¶ 41 The use of the term “regular route” does not, in some manner, negate or eliminate section
29-4’s directive to transport the nonpublic schoolchildren “to and from the school attended.”
Rather, the use of the term “regular route” simply means that the school district is not required
to provide door-to-door transportation for nonpublic schoolchildren. The history of section 29-
4 makes this point clear.
¶ 42 The statutory provision that is currently codified at section 29-4 of the School Code was
originally enacted in 1933. Bakalis, 54 Ill. 2d at 464 (citing 1933 Ill. Laws 1048). In its original
form, the statute consisted only of what is now the first sentence of section 29-4, and it included
1
During oral argument in this case, counsel for the defendant school district acknowledged that
schoolchildren attending the Bowman Catholic Elementary School (the nonpublic elementary school
at issue in this case) might have to walk “5 to 6 miles” to reach their school.
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language that gave school districts the option to pick up nonpublic schoolchildren “from their
homes.” The statute provided, in full:
“In case children who attend any school other than a public school reside on or along
the highway constituting the regular route of any public school, bus or conveyance
provided by any school district for transporting pupils to and from the public schools,
the board of directors or board of education of such district shall afford transportation,
without extra charge, for such children from their homes, or