Measurements For Determining
- Measurements for determining eligibility for transportation
must be made over the nearest available (shortest) route between
home and school. Measurements may be made over private roads, with the
landowner's consent, and over publicly maintained pathways.
- School districts have broad discretion in selecting
measurement points on school property for purposes of determining
eligibility. District officials may measure from any point on school property
as long as they do so fairly and consistently.
The Commissioner of Education
has held that a school district is not required to expend a
great deal of time, effort and money in measuring distances,
nor it is required to measure with the accuracy of a professional
survey. It is well settled that the use of a calibrated automobile
odometer is legally reasonable and sufficient, and calibration
can be as simple as comparing odometer readings with the mileage
markers along a highway.
The Commissioner of Education has held
that a board of education lacks authority to transport students who are
not otherwise eligible for transportation, even though there may be empty
seats on the bus.
August 15, 2012