C.W.’s bus stop at Mother’s home is approximately 1.9 miles from Father’s residence. Father’s residence is approximately 4 ½ miles from C.W.’s school and Mother’s residence is approximately 5 ½ miles from the school. Both Father and Mother reside within the School District where C.W. Watts (“Father”) shares legal and physical custody of his child, C.W., with C.W.’s mother (“Mother”) on an alternating week basis pursuant to a court order. The facts of this case are not in dispute. Accordingly, we affirm the decision of the Commonwealth Court.
For the reasons set forth herein, we agree that the School District is required to provide free transportation to and from both parents’ residences in this case. The Commonwealth Court held that the Manheim Township School District (“the School District”) must provide transportation to both parents’ residences. JUSTICE BAER DECIDED: AugWe granted review to consider whether the Public School Code of 19491 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. CI12-17815, dated and amended ARGUED: ApOPINION MR. 2013, dated January 7, 2014, Affirming the Order of the Court of Common Pleas of Lancaster County, Civil Division, at No. 1 Appeal from the Order of the Commonwealth Court, at No. MANHEIM TOWNSHIP SCHOOL DISTRICT, Appellant No. IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT SAYLOR, C.J., EAKIN, BAER, TODD, STEVENS, JJ.
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