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.

FAQs: Transportation

Who is responsible for arranging transportation services?

The LEA liaison for the district where the student is enrolled in school make sure transportation is arranged. (M-V Section 722(g)(6)(A)(vii); N.Y. Education Law § 3209(4)).

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)).

How long must a school district provide transportation?

A school district must provide transportation for the entire time the youth is in temporary housing. Also, school districts are encouraged to provide transportation using Title I, Part A set-aside funding 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 building. 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)).

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, enrollment, or transportation. (8 N.Y.C.R.R. §100.2(x)(7)(ii)(c)).

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

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

When is it appropriate for DSS to provide public transportation passes versus busing for students it has placed in temporary housing?

It depends on what modes of transportation are offered by the school district of attendance. DSS should provide the same or comparable mode of transportation (e.g. yellow school bus, van) as that used by the school district for students who are permanently housed (Office of Temporary and Disability Assistance, Administrative Directive 06-ADM-15).

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

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 State Education Department by filing an RHYA Transportation Form. If the RHY shelter is unwilling or unable to provide transportation, the school district of attendance must provide transportation. The school district will be fully reimbursed for the expense by the State Education Department by filing an RHYA Transportation Form. For students attending school in the district of current location, that district should arrange for transportation to the extent that it is offered to permanently housed students in the district. (N.Y. Education Law § 3209(4)).

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. For example, in cases where busing was not arranged, districts have provided parents with gas cards or reimbursed parents who use their own cars to bring their kids to school. Districts have also provided public transportation passes to parents to accompany their children on public transportation where busing was unavailable.

Who is responsible for providing transportation assistance to parents?

Whichever entity is responsible for transporting the child, which is usually either the district of attendance or DSS, is also responsible for the parent's transportation costs. (N.Y. Education Law § 3209(4)(c); 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)).

How can school districts pay for transporting homeless students?

• Districts are eligible for aid from the State Education Department for allowable costs associated with transporting students who are homeless. This includes additional costs incurred transporting such students across school district lines. Districts will be reimbursed using the same transportation aid ratios as those used for permanently housed students. (N.Y. Education Law § 3209(4)(c); 8 N.Y.C.R.R. Section 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)).

Transportation Assistance for Parents of Children who are Homeless

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, and
• a combination of such factors.
• (8 N.Y.C.R.R. § 100.2(x)(6)(v)).

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