School Buses and Custody: Know Your Rights

Friday, 25 August 2017 15:15 Written by  Jamie M. Jamison

With the start of the school year quickly approaching, parents who exercise shared physical custody of their child(ren) and who reside in the same school district can rest assured that the school district must provide free transportation for their child(ren) to and from each parent’s respective residence. 

In Watts v. Manheim Township School District, the Pennsylvania Supreme Court upheld the Commonwealth Court ruling requiring school districts to transport students to and from the residences of each parent if they are separated or divorced and sharing physical custody.  The Pennsylvania Supreme Court was asked to determine whether the Public School Code “mandates that a school district provide free transportation to a student from two different residences where the student’s parents share physical custody of the student and both parents reside within the school district.”

The parties in Watts exercised shared legal and physical custody of their child on an alternating weekly basis pursuant to a Court Order.  Both parties resided within the school district where their child attended school, but along different school district bus routes.  Father’s residence was located approximately 4.5 miles from the school and Mother’s residence was located approximately 5.5 miles from the school. 

The Pennsylvania Supreme Court determined the following: the school district owes a duty of transportation to the student residing within the school district as a “resident pupil”; the student has two residences for enrollment purposes when the parents exercise shared physical custody of the student; the school district’s duty of transportation includes transportation to and from more than one location within the school district when the student has two residences within the school district; and the purpose of having the school district provide free transportation services to the student is to help facilitate school attendance.

Knowing your rights with regard to school bus transportation and custody can alleviate some of the stress and anxiety you may otherwise experience as your child(ren) return to school.

Jamie M. Jamison

Jamie M. Jamison

Jamie Jamison is a supportive, knowledgeable advocate to clients experiencing the challenges of divorce, separation, child custody, and support. Ms. Jamison practices exclusively in the area of family law, and is focused on helping her clients evaluate their rights and options and navigate the emotional, financial, and lifestyle issues inherent in family law cases to achieve the best outcome possible. She handles all phases of the negotiation and litigation of domestic relations cases, including divorce, equitable distribution, child custody, spousal support/alimony, child support, protection from abuse, and prenuptial and postnuptial agreements.

[Read More]

Leave a comment

Blogger Bios

  • Alan Wandalowski Alan Wandalowski
    Alan concentrates his practice in Estate Planning, Estate Administration, Elder Law, Estate…
  • Bill MacMinn Bill MacMinn
    Bill concentrates his practice in the area of litigation, including Commercial Litigation,…
  • Elaine T. Yandrisevits Elaine T. Yandrisevits
    As an estate planning attorney, Elaine Yandrisevits is committed to guiding individuals…
  • Elizabeth J. Fineman Elizabeth J. Fineman
    Elizabeth Fineman concentrates her practice on domestic relations matters and handles a…
  • Gabriel Montemuro Gabriel Montemuro
    Gabe’s practice focuses on litigation, including commercial litigation, personal injury, estate and…
  • Jamie M. Jamison Jamie M. Jamison
    Jamie Jamison is a supportive, knowledgeable advocate to clients experiencing the challenges…
  • Jessica A. Pritchard Jessica A. Pritchard
    Jessica A. Pritchard, focuses her practice exclusively in the area of family…
  • Joanne Murray Joanne Murray
    Joanne concentrates her practice in the areas of Business Law, Business Transactions,…
  • John Trainer John Trainer
    John’s concentrates his legal practice in estate planning, estate administration and elder…
  • Mariam Ibrahim Mariam Ibrahim
    Mariam Ibrahim is dedicated to helping clients and their families navigate the…
  • Michael Klimpl Michael Klimpl
    Michael’s practice areas include Real Estate, Municipal Law, Zoning and Land Use, Employment…
  • Michael W. Mills Michael W. Mills
    Mike is devoted to helping businesses build value and improve working capital,…
  • Patricia Collins Patricia Collins
    Patty has been practicing law since 1996 in the areas of Employment…
  • Stephanie M. Shortall Stephanie M. Shortall
    Throughout her career, Stephanie has developed a practice focused on advising closely…
  • Susan Maslow Susan Maslow
    Sue concentrates her practice primarily in general corporate transactional work and finance…
  • Thomas P. Donnelly Thomas P. Donnelly
    Tom’s practice focuses on commercial litigation and transactions. In litigation, Tom represents…