The Asbury Park Press reports that yesterday a New Jersey appellate court upheld the "courtesy bussing" policy for students in private religious day schools in Lakewood, New Jersey. Many years ago, in Everson v. Board of Education the US Supreme Court upheld state-financed bussing for parochial school students. But the New Jersey case had a different twist.
In Lakewood, the public schools enroll 5,400 students, while 12 to 15 thousand are enrolled in gender-separate Orthodox Jewish Day Schools. Different start and stop times for different day schools have resulted in all-boy or all-girl bus routes. This was challenged as discrimnatory. The court upheld Lakewood's bussing operations stating: "It is coincidental that the Orthodox schools are single-gender. The routes pursuant to the policy are neutral and do not foster religion."
