Transportation Benefits for Students Attending Private Schools.

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7^th Circuit Court of Appeals

Case Name: St. Augustine School v. Jill Underly

Case No.: 22-2786

Officials: Easterbrook, Ripple, and Wood, Circuit Judges.

Focus: Transportation Benefits for Students Attending Private Schools.

In 2015, the Forro children were enrolled at St. Augustine, a school in Hartford, Wisconsin, which identifies itself as Catholic. In Wisconsin, parents sending their children to private sectarian schools are eligible for transportation benefits under Wis.Stat. 121.54. However, the Forro family’s request for transportation benefits was declined by both the school district and the state superintendent of public instruction. This was due to the fact that transportation services were already being provided to St. Gabriel, another Catholic school in the vicinity. The relevant law specifies that only one school within a single organizational entity in a given “attendance area” can qualify for such benefits. Despite both schools claiming a Catholic affiliation, they are not affiliated with each other. St. Augustine and the Forro family initiated legal proceedings. This legal battle spanned several years, encompassing involvement from the U.S. Supreme Court, two published opinions from the Seventh Circuit, and a ruling from the Supreme Court of Wisconsin after which, the Seventh Circuit determined that the denial of transportation benefits was in violation of Wisconsin law, as it relied on an inappropriate method for establishing the affiliation between two faith-based schools of similar beliefs.

After noting that certain state law claims had been waived and that the federal constitutional issues did not require resolution, the Seventh Circuit affirmed that a declaratory judgment remains in effect against the Superintendent and the School District. The district court may decide what attorneys’ fees the plaintiffs should be awarded, if any, given that they have prevailed only in obtaining declaratory relief under state law.

Affirmed and remanded

Decided 08/14/23

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