E.W. v. Board of Education of East St. Louis School District 189
2025 IL App (5th) 230763-U
Ill. App. Ct.2025Background
- Plaintiffs, students at Sister Thea Bowman Catholic Elementary School, sued the East St. Louis School District #189 after the district stopped providing bus transportation for nonpublic (private) school students in 2022.
- Previously, the district was ordered to reinstate bus transportation to these students following a 2015 lawsuit and court orders, which had remained in effect until 2022.
- Plaintiffs argued that under Section 29-4 of the Illinois School Code, the district is required to provide transportation to nonpublic school students on the same basis as it does for public school students.
- The trial court granted summary judgment to the school district and denied the plaintiffs’ cross-motion for summary judgment, finding the district was not required to provide the same transportation services to nonpublic school students.
- On appeal, plaintiffs sought reversal, declaratory judgment, and injunctive relief, arguing the district's actions violated statutory duties.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Applicability of Section 29-4 to Nonpublic Schools | Statute requires equal treatment for eligible nonpublic students | Statute does not require identical service and only mandates minimal access | Plaintiffs’ interpretation adopted; statute requires equal service |
| Consistency of Plaintiffs’ Pleadings | Core theory unchanged: right to transportation under statute | Plaintiffs improperly shifted statutory interpretation | No prejudicial shift occurred; claims properly before the court |
| Scope of Transportation Obligations | District must provide same pickups/drop-offs as for public students | Only required to provide minimal access at certain points on regular route | District must pick up/drop off nonpublic students like public students |
| Effect of Prior Injunction and Remedies | Prior injunction supports continuing relief; seek injunction | Old order does not apply; new suit needed for enforcement | New declaratory/injunctive relief mandated per Section 29-4 |
Key Cases Cited
- Board of Education, School District No. 142 v. Bakalis, 54 Ill. 2d 448 (Ill. 1973) (upheld requirement that transportation serve child safety and must treat nonpublic school students equally)
- Posteher v. Pana Community Unit School District No. 8, 96 Ill. App. 3d 709 (Ill. App. Ct. 1981) (school districts must select bus routes considering pupils’ safety)
- In re Detention of Powell, 217 Ill. 2d 123 (Ill. 2005) (core principles of statutory construction—plain language governs)