Kadrmas v. Dickinson Public Schools
Headline: Court upholds state law letting some local school districts charge parents for school bus rides, making it lawful for districts to require fees and leaving low-income families to bear transport costs.
Holding: The Court held that a State may allow local school districts to charge parents a fee for school bus transportation and that such fees do not violate the Constitution’s guarantee of equal protection.
- Allows some school districts to charge parents fees for bus service.
- Requires low-income families to pay or find costlier private transport.
- Keeps busing decisions primarily under state and local control.
Summary
Background
A North Dakota schoolchild, Sarita Kadrmas, and her mother challenged a 1979 state law that allows nonreorganized local school districts to charge fees for school bus service. The Kadrmas family lived about 16 miles from school, was near the poverty line, and for a time refused to sign a $97 bus contract. Dickinson Public Schools charged parents for bus service; those fees covered about 11% of the service cost.
Reasoning
The Court rejected the family’s claim that the fee violated the Constitution’s promise of equal protection. The majority said education is not treated as a fundamental constitutional right requiring strict review here and found a rational basis for letting some districts charge fees. The Court relied on the state’s interest in encouraging district reorganization and the historical arrangements that left reorganized districts with voter-approved transportation plans.
Real world impact
As a result, local boards in similar nonreorganized districts may continue to assess user fees for bus service without being struck down on equal protection grounds. Low-income families who cannot or will not pay may have to find private, often costlier, alternatives. The ruling leaves decisions about free busing and fee waivers mainly to state and local law rather than creating a new federal right to free transportation.
Dissents or concurrances
Justices Marshall (joined by Brennan) and Stevens (joined by Blackmun) dissented. They argued the fee places a special burden on the poor, undermines access to education, and urged closer scrutiny because the charge disproportionately harms disadvantaged children.
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