293 F. Supp. 3d 813
E.D. Wis.2018Background
- Milwaukee Public Schools (MPS) has an Administrative Policy 4.04 governing student transportation; MPS exercised the "city option" and must provide transport to public and private students with "reasonable uniformity" under Wis. Stat. § 121.54.
- Policy 4.04 treats categories differently: public city‑wide and certain public transfer students receive broader busing (two‑mile rule) while private school students are eligible only if >2 miles from school AND >1 mile from public transportation; private schools must submit a roster (practically due July 1) to qualify.
- St. Joan Antida High School (SJA), a private city‑wide IB high school, sought busing for 68 students who lived >2 miles from school but within 1 mile of public bus stops; MPS denied them under the private‑school one‑mile rule and some for late roster submission.
- SJA sued under 42 U.S.C. § 1983 (Equal Protection Clause) and Wis. Stat. § 121.54, alleging discriminatory treatment and the roster requirement unlawfully favored public students.
- The parties cross‑moved for summary judgment; the district court found no material factual disputes and resolved the case as a matter of law.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Nature of claim: legislative classification vs class‑of‑one | SJA: Policy 4.04 contains a legislative classification disadvantaging private school students (no comparator needed). | MPS: This is a class‑of‑one claim; SJA must identify similarly situated comparators. | Court: SJA alleges a legislative classification—policy explicitly distinguishes private vs public categories. |
| Level of scrutiny | SJA: Policy burdens parents' right to choose private education; strict scrutiny applies. | MPS: Rational‑basis review applies. | Court: Rational basis; parental choice/education not shown to be a fundamental right here. |
| One‑mile bus‑stop rule (prefers public city‑wide students) | SJA: Private city‑wide students face the same commuting burdens and thus no rational basis for disparate treatment. | MPS: Expanded busing for certain public students furthers access to specialized programs and safe/convenient transport; cost and logistical burdens justify exclusion. | Court: Rational basis satisfied—cost/logistical considerations (as in Racine Charter One) provide a conceivable rational basis. |
| Roster submission deadline (private schools only) | SJA: MPS can bus late public enrollees; denying private late enrollees is arbitrary. | MPS: Needs rosters to identify and process private students; administrative processing time justifies a deadline. | Court: Rational basis satisfied—administrative needs support the roster deadline for private schools. |
| State statutory claim under Wis. Stat. § 121.54 | SJA: MPS violated the statute's "reasonable uniformity" mandate. | MPS: (Not directly litigated at federal level once constitutional claim resolved.) | Court: Declined supplemental jurisdiction over state claim after granting summary judgment to MPS on federal claim; dismissed state claim without prejudice. |
Key Cases Cited
- City of Cleburne v. Cleburne Living Ctr., 473 U.S. 432 (U.S. 1985) (equal protection principle that similarly situated persons should be treated alike)
- Plyler v. Doe, 457 U.S. 202 (U.S. 1982) (education is not a fundamental right for equal protection purposes)
- Pierce v. Society of Sisters, 268 U.S. 510 (U.S. 1925) (parents have liberty to direct children’s education; extreme factual nexus required to trigger strict scrutiny)
- Racine Charter One, Inc. v. Racine Unified Sch. Dist., 424 F.3d 677 (7th Cir. 2005) (cost/logistical burdens can supply a rational basis for refusing to extend busing to an additional school’s students)
- Engquist v. Oregon Dep’t of Agric., 553 U.S. 591 (U.S. 2008) (distinction between legislative classifications and class‑of‑one claims)
- F.C.C. v. Beach Commc’ns, Inc., 508 U.S. 307 (U.S. 1993) (rational‑basis review: courts must accept any reasonably conceivable state of facts supporting the classification)
- Armour v. City of Indianapolis, 566 U.S. 673 (U.S. 2012) (burden on challenger to negative every conceivable rational basis for classification)