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Goldberg and Markakis Obtain Favorable Result for Public School District

2/18/09

On December 5, 2008, Ohio's Sixth District Court of Appeals affirmed summary judgment in favor of the Maumee City School District Board of Education finding that Maumee Schools could fulfill its obligation to transport private school junior high and high school students living within its district without using yellow buses.

In Mills v Maumee City School District Board of Education, the trial court and the court of appeals held that Maumee Schools was within its rights to refer private school junior high and high school students to the regional bus system from which Maumee Schools purchased bus tokens for the students to use to and from school on the TARTA system whose buses had regular stops at or near the private school. The court also approved a method of transportation that included a combination of school district buses, TARTA and private school buses. The court rejected a challenge that students attending one private school had to be given exactly the same sort of bus transportation as students at other private schools or students in the public school.

Maumee City School District Board of Education was represented by Stu Goldberg and Maria Markakis of Eastman & Smith, Ltd.