Measurements For Determining Eligibility
- 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.
Last Updated:
August 15, 2012