New York State Technical and Education Assistance Center for Homeless Students

Students who transfer schools often do worse in school than those who don't transfer. The McKinney-Vento Act can help solve this problem by allowing students to stay in the same school and get free transportation.

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FAQs: Transportation

While the McKinney-Vento Act allows students experiencing homelessness to attend their school of origin, despite residential instability, lack of transportation creates a potential barrier to the academic success of these students. In an attempt to remove this barrier, students who are homeless are entitled to transportation to their school of origin under the McKinney-Vento Act, even if transportation is not provided for students who are permanently housed. (M-V Section 722(g)(1)(J)(iii)).

Who is responsible for transporting students to school?

Generally speaking, whether students choose to attend the school district of origin or the local school district, whichever school district the student designates is responsible for providing transportation to and from school for the student. All students experiencing homelessness are entitled to free transportation to the school district of origin, even if transportation is not provided for permanently housed students residing in that school district. (M-V Section 722(g)(1)(J)(iii); N.Y. Education Law § 3209(4)). Students experiencing homelessness who choose to attend the local school district are entitled to the same transportation services that are available to permanently housed students in that school district. (N.Y. Education Law § 3209(4)(d)).

How can school districts pay for the cost of transporting homeless students?

The school district of origin may seek transportation aid from the New York State Education Department (SED). Districts will be reimbursed using the same transportation aid ratios as those used for permanently housed students. (8 N.Y.C.R.R. § 100.2 (x)(6)(vi)). School districts may also apply for a McKinney-Vento Act sub-grant through SED. Funding from the sub-grants may be used to pay for transportation expenses of homeless students. Title I, Part A set-aside funding may be used to pay for transportation for students who decide to stay in the school of origin for the reminder of the school year after moving into permanent housing. Title I funds may not be used to pay for transportation for students who are currently homeless. (Title I of ESEA Section 1115(b)(3)).

Who is responsible for arranging transportation services?

The LEA liaison for the district where the student is enrolled in school should make sure transportation is arranged. (M-V Section 722(g)(6)(A)(vii)).

Are transportation services available to students who enroll in the local school where they are temporarily residing?

Students who transfer to the local school are entitled to the same transportation services, if any, offered to permanently housed students living in the district. (N.Y. Education Law § 3209(4)(d); 8 N.Y.C.R.R. § 100.2(x)(6)(iii)).

How long must a school district provide transportation?

A school district must provide transportation for the entire time the youth is in temporary housing. The school district is encouraged to provide transportation for formerly homeless students who move into housing midway through the school year and choose to continue attending school in that district. (M-V Sections 722(g)(1)(J)(iii) & (g)(3)(A)).

What happens if the school of origin is very far away from where the student is temporarily residing?

Transportation must be provided for students temporarily residing within 50 miles one way of the school district. If the school is more than 50 miles away, the school district is not required to provide transportation for the student unless the Commissioner of the State Education Department determines it is in the best interest of the student. (N.Y. Education Law § 3209(4)(c); 8 N.Y.C.R.R. § 100.2(x)(6)(ii)).

Must the school district provide transportation even if they believe the student is not entitled to attend school in that district?

Yes. Youth are entitled to transportation during any dispute regarding school selection and enrollment. See Dispute Resolution & Appeal Process FAQs for more information. (8 N.Y.C.R.R. §100.2(x)(7)(ii)(c)).

Is a district required to provide door-to-door transportation for students attending the school of origin? Similarly, must a district provide transportation to students who are displaced in the same district, but continue to attend the school of origin if the district has a policy of not providing transportation for students who reside less than 1.5 miles from school?

The McKinney-Vento Act requires districts to provide transportation to students attending the school of origin. It is silent about whether door-to-door transportation is required; however, if the transportation arrangement poses a barrier to the student's enrollment and continued attendance, then the transportation arrangement is not adequate (e.g. requiring a 6 year old to walk 1.5 miles each way to the bus stop is not an adequate transportation arrangement) and the district must explore alternate arrangements.

When is the Department of Social Services (DSS) responsible for providing transportation?

DSS is responsible for transportation when the student has been found eligible for Emergency Assistance for Families (EAF) and has been placed in emergency housing outside of the school district the student has designated to attend. Examples of emergency housing include: shelters, hotels, and motels. (N.Y. Education Law § 3209(4)(a); Office of Temporary and Disability Assistance, Administrative Directive 06-ADM-15).

Should shelters in NYC provide MetroCards for students to get to school?

On-site Department of Education (DOE) staff at shelters should provide 1-day student passes to children who do not already have a transportation pass from school. Once a student arrives at school, they should request and receive a semester-long MetroCard to use for transportation to and from school.

Transportation Assistance for Parents of Children who are Homeless Parents of children in kindergarten and children receiving preschool special education or early intervention services are entitled to transportation assistance. When determining which parents are eligible for transportation assistance, school districts should consider the following factors:

• age of the child
• distance of the transportation
• complexity of the transportation arrangement
• need to travel through a high crime area
• cost-effectiveness of the parent transporting the child
• whether the child is disabled
• a combination of such factors

(N.Y. Education Law § 3209(4)(c); 8 N.Y.C.R.R. § 100.2(x)(6)(v)).

Who is responsible for transportation for students residing in runaway and homeless youth (RHY) shelters?

For students attending the local school, the local school district should arrange for transportation. For students attending the school of origin who are temporarily living in a different district, RHY shelters may provide transportation and will be fully reimbursed by the NYS Education Department by filing an RHYA Transportation Form [PDF]. (N.Y. Education Law § 3209(4)(b)). If the RHY shelter is unwilling or unable to provide transportation, the school district of origin must provide transportation. The school district of origin will be fully reimbursed for the expense by the NYS Education Department by filing an RHYA Transportation Form [PDF]. (N.Y. Education Law § 3209(4)(c)).

Can a Department of Social Services (DSS) or a Runaway and Homeless Youth (RHY) shelter contract with a school district or BOCES to provide transportation?

Yes. A social services district or an RHY facility may contract with a school district or BOCES to provide transportation for students experiencing homelessness. (N.Y. Education Law § 3209(4)(a) and (b)).

Can school districts provide transportation to parents to accompany their children to school?

Yes, school districts may either provide transportation assistance up-front or reimburse parents for transportation costs in cases in which a parent accompanies a child to school. For example, districts can provide gas cards or reimbursement for parents who use their own cars to bring their kids to school. Or, districts can provide MetroCards to parents to accompany their children on public transportation where busing is unavailable. (8 N.Y.C.R.R. § 100.2(x)(6)(v)).

Who is responsible for providing transportation assistance to parents?

Whoever is responsible for transporting the child is also responsible for the parent's transportation costs. (N.Y. Education Law § 3209(4)(c); 8 N.Y.C.R.R. § 100.2(x)(6)(v); Office of Temporary and Disability Assistance, Administrative Directive 06-ADM-15).

Can students experiencing homelessness receive transportation to private school?

Sometimes. If the school district in which the student is temporarily living provides transportation to private schools for permanently housed students, the school district must provide such transportation to temporarily housed students living in the district. Under New York State law, school districts that do provide such transportation are only required to transport students attending private schools up to 15 miles. (M-V Section 722(g)(4); (N.Y. Education Law § 3635(1)(b)(ii).

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