Pupil Transportation

Pupil Transportation During a Contingency Budget

Only the voters of a school district may change the eligibility distance by proposition.  Simply being in a contingency budget or having a bus purchase proposition voted down, does not change the voter adopted eligibility distance.

Education Law § 2023. Levy of tax for certain purposes without vote; contingency budget

2. Notwithstanding the defeat of a school budget, school districts shall continue to transport students to and from the regular school program in accordance with the mileage limitations previously adopted by the qualified voters of the school district.  Such mileage limits shall change only when amended by a special proposition passed by a majority of the qualified voters of the school district.  In cases where the school budget is defeated by such qualified voters of the school district, appropriations for transportation costs for purposes other than for transportation to and from the regular school program, and transportation that would constitute an ordinary contingent expense pursuant to subdivision one of this section *, shall be authorized in the budget only after approval by the qualified voters of the district.

* Ordinary Contingent Expenses: The cost of transportation for; (1) pupils to and from regular school programs in accordance with mileage limitations previously adopted by the qualified voters and, (2) interscholastic athletics, field trips and other extracurricular activities are ordinary contingent expenses.  (3) Mileage limits for pupils to and from regular school programs shall change only when amended by a special proposition passed by a majority of the qualified voters of the district.  Transportation of nonpublic school pupils beyond the mileage limitation is an ordinary contingent expense, up to fifteen miles.  (4) If transportation is provided to public school pupils attending public schools, other than BOCES facilities within the district for distances in excess of fifteen miles, transportation for nonpublic school pupils attending nonpublic schools within the district is an ordinary contingent expense, up to the maximum distance such public school pupils reside from the schools they legally attend and to which they are transported.  (5) If public school pupils are transported outside the district, under tuition contract, the rule is similar. (Education Law 305.14)  (6) Shuttle service between public schools for instructional purposes is an ordinary contingent expense.  (7) Transportation, pursuant to article 89, for all handicapped children living up to and including 50 miles is an ordinary contingent expense.