General Information For Parents And Others
Boards of Education of non-city school districts are required by Education Law to provide transportation for all eligible resident pupils in grades K-8 who live more than two miles from school and for pupils in grades 9-12 who live more than three miles from school, up to a distance of 15 miles. However, just about all school districts, with the approval of the voters, have adopted eligibility distances of less than the mandated two and three mile distances. Any changes to a district's eligibility distances, in both small city and non-city districts, require voter approval of a separate proposition.
City school districts are legally required to transport pupils with disabilities only, but may also transport pupils without disabilities. In addition, city school districts are not required to transport to schools located outside the city. However, pupils residing in the enlarged portion of an enlarged city school district are entitled to transportation to schools outside the city up to 15 miles from their homes. In all cases, where transportation is provided, it must be provided in a reasonably safe, economical and efficient manner.
Summer School - must a district provide transportation for a student attending summer school? No. In Appeal of Stamler, 38 Educ. Dep't Rep. 292 (1998), the commisioner of education ruled that a school district did not have to transport a district resident attending summer school in a neighboring district, even when the district had voluntarily agreed to pay the summer school tuition. The commissioner also noted that a school board is not obligated to provide transportation to and from any summer school program, except for students with disabilites in accordance with state law. However, transportation to and from approved summer school programs operated by a school district is eligible for state aid, subject to a prorated share of a statewide cap of $5 million (3622-a(6)).