State Ex Rel. Knudsen v. Board of Education

The trial court concluded that the duties of the school board under the statutes were absolute and, hence, their function was not discretionary but ministerial. On this basis he issued the writ of mandamus. In reaching this conclusion it appears that the trial judge failed to give due significance to the portion of the statute which we consider to be controlling.

Three requirements for transportation to a private school are set forth in sec. 121.54 (2) (b) 2, Stats. As the trial judge pointed out, the school must be two or more miles from the student’s residence and it must be either within…