The lawsuit was filed Feb. 21 by parent Valerie Luchette, of 7348 Northview Drive, after she learned from Superintendent Steve Stohla the district hadn’t made plans to put the recommendation into practice.

By state law, only one parent needed to file it on behalf of the students not transported, Rice said.

In the suit, Ms. Luchette has asked that a judge order the district to transport her child to the private school. If board members fail to do so, she wants each fined $500 and held in contempt.

School directors “know they have to” bus the students and will “ultimately lose” the case, Kokor said.

Stuard’s decision on the dismissal motion is expected by late next week, a court clerk said.