Father, who had joint and equal child custody, filed a complaint against school district seeking injunctive relief after district stopped providing transportation for his child from his residence located in district to public school child attended in the same district. The Court of Common Pleas granted a permanent injunction and directed the district to resume bussing services for the child to and from father’s residence. School District appealed.
The Commonwealth Court held that:
- As a matter of first impression, school district’s obligation to provide free transportation services extended to providing transportation to and from child’s two different residences within same district, and
- Father had clear legal right to relief, warranting the permanent injunction.
Where a child has two residences within a school district, the school district must provide transportation services accommodating both residences. The school district cannot fulfill its transportation obligation by merely designating one parent’s residence as the sole bus stop without any consideration of the child’s other residence.