Pupil Transportation

Transportation on Optional Days of School Session

School districts do not have the authority to provide transportation for students attending nonpublic schools on the legal holidays that the state requires that the district be closed.  On other optional holidays and days that a district chooses to be closed (conference days, training days, etc), there is no obligation for the district to provide transportation to nonpublic schools.

School districts also are not obligated to provide transportation for students attending nonpublic schools before the first day of public school classes.  A school district may, but is not required, to contract with a charter school to provide additional transportation to charter school students.  The cost of the additional transportation is borne by the charter school.

The Commissioner has held that both public and nonpublic schools have an obligation to share their calendars and start/dismissal times before the start of the school year.  A school district may decide, after the start of school, not to transport on a future day (not due to an emergency situation) if they give reasonable notice to private schools.  If a public school declines to provide transportation to a private school on a day on which the public school is optionally closed, and notice was provided after the start of school, an aggrieved party may appeal to the Commissioner or Court.

NYS Ed. Law Section 3604 subdivision 8

3604 8. below refers to "legal holidays." The very beginning of 3604 8. addresses when school cannot  be in session.

8.  No school shall be in session on a Saturday or a legal holiday, except general election day, Washington's birthday and  Lincoln's birthday, and except that driver education classes may be conducted on a  Saturday. A deficiency not exceeding three days during any school year caused by teachers' attendance upon conferences held by superintendents of schools of city school districts or other school districts employing superintendents of schools shall be excused by the commissioner, provided however, not withstanding any other provision of law, that during the nineteen hundred ninety-two--ninety-three through the two thousand two--two thousand three school  years  and  thereafter, the commissioner shall excuse a deficiency not exceeding four days during such school year caused by teachers' attendance upon conferences held by such superintendents, provided that at least two such conference days during such school year shall be dedicated to staff attendance upon conferences providing staff development relating to implementation of the new high learning standards and assessments, as adopted by the board of regents. Notwithstanding any other provision of law, rule or regulation to the contrary, school districts may elect to use one or more of such allowable conference days in units of not less than one hour  each to provide staff development activities relating to implementation of the new high learning standards and assessments. A district making such election may provide such staff development during the regularly scheduled daily session and apply such units to satisfy a deficiency in the length of one or more daily sessions of instruction for pupils as specified in regulations of the commissioner.  The commissioner shall assure that such conference days include appropriate school violence prevention and intervention training, and may require that up to one such conference day be dedicated for such purpose.   

NYS General Construction Law Section 24

This piece contains the official list of legal holidays as they apply to public institutions in NYS. Note that 3604 8. makes Washington and Lincoln's birthdays exceptions to the 'no school on legal holidays' rule.

General Construction Law § 24. Public holidays;  half-holidays

Current through L.2004, chapters 4 to 38, 40 to 49, 52,61 to 77, 79 to 93, 96, 98 to 101and 104.

The term public holiday includes the following days in each year:  the first day of January, known as New Year's day; the third Monday of January known as Dr. Martin Luther King, Jr. day; the twelfth day of February, known as Lincoln's birthday; the third Monday in February, known as Washington's birthday; the last Monday in May, known as Memorial day; the second Sunday in June, known as Flag day;  the fourth day of July, known as Independence day;  the first Monday in September, known as Labor day;  the second Monday in October, known as Columbus day; the eleventh day of November, known as Veterans' day; the fourth Thursday in November, known as Thanksgiving day; and the twenty-fifth day of December, known as Christmas day, and if any of such days except Flag day is Sunday, the next day thereafter; each general election day, and each day appointed by the president of the United States or by the governor of this state as a day of general thanksgiving, general fasting and prayer, or other general religious observances.  The term half-holiday includes the period from noon to midnight of each Saturday which is not a public holiday.

Last Updated: September 3, 2009