Saint Joan Antida v. Milwaukee Public Schools

Case Name: Saint Joan Antida High School, Inc. v. Milwaukee Public Schools

Type of Case: Education

Court: E.D. Wisconsin District Court; Seventh Circuit Court of Appeals

Case Number: 17-CV-413 (E.D. Wis.); 18-1673 (7th Cir.)

Filed On: March 21, 2017

Current Status: Summary judgment for defendant; appealed; oral argument held 9/18/2018

State law requires local school districts to provide transportation to all qualifying children in their district – even if they attend private schools.  This makes sense given that parents of private school children pay property taxes to their local school district and the vital public interest in ensuring all children in Milwaukee are transported to and from school in a safe manner.

But Milwaukee Public School District (MPS) refuses to follow state law and has been denying children their busing rights.  By law, they have to transport private school children in a uniform manner as they transport public school children.  MPS will bus children who attend a city-wide public school, but not a city-wide private school.

On behalf of St. Joan Antida High School, WILL sued MPS and asked a federal court to rule that MPS is unlawfully discriminating against students who attend private schools.  Unfortunately the court granted summary judgment to the defendant.

We appealed to the Seventh Circuit, which held oral argument on September 18, 2018.

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