Late Requests For Transportation
To A Nonpublic School
- Education Law § 3635-2. requires that parents submit a written request
to their public school district, for transportation to a nonpublic school,
by April 1, or when not residing in the district on April 1, within 30
days after establishing residency. The purpose of this deadline is to
enable school districts to budget funds and make necessary arrangements
to provide reasonable and economical transportation. No late request shall
be denied where a reasonable explanation is provided for the delay or
where there is no additional cost to provide the transportation.
- It is the responsibility of district officials, in the first
instance, to determine whether the explanation is reasonable,
and that determination would not be set aside by the Commissioner
of Education unless it constitutes an abuse of discretion.
- The Commissioner of Education has determined previously that mailing a
written request for transportation prior to April 1 will be considered timely,
even if the papers are received by the school district after April 1st or
not received at all. However, there must be credible proof that the request
was properly addressed, stamped and indeed mailed before April 1.
- The following explanations for a late request have generally been
held by the Commissioner of Education NOT to be reasonable explanations:
- A belated decision to enroll a student in a nonpublic school.
- The parent did not know there was an April 1 deadline.
- The parent requested transportation before April 1 to a particular
nonpublic school and then after April 1, changed the request to a different
- The parent learned of their child's difficulties in the public school
after April 1.
June 11, 2009