Transportation
Under the McKinney-Vento Act and N.Y. Education Law § 3209, a student in temporary housing is entitled to transportation to their school of origin. Transportation protections include:
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Transportation to the school the student attended when they were last permanently housed up to 50 miles each way, or to the most recent school they attended, even if the school is in a different school district from where the student is temporarily living;
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Continued transportation to the same school for the rest of the academic year when the student moves into permanent housing, even if the new housing is located outside of the school district;
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In New York State, transportation is also provided for an extra year after the student moves into permanent housing if the extra year is the student's final year in the school building (for example, 12th grade);
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If a student in temporary housing attends school in the same district where they are temporarily housed, then they can get the same transportation as their permanently housed peers. If permanently housed students don't have transportation, and the lack of transportation creates a barrier for a student in temporary housing, then the district has to supply transportation to overcome the barrier;
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Transportation to extracurricular activities if the lack of transportation would be a barrier to the student participating.
In New York State, the school district where the student attends school is the district that is responsible for providing transportation. Sometimes, the local department of social services (DSS) is responsible for transportation - for instance, where the student has been placed in a shelter outside of the school district and the student is eligible for Emergency Assistance for Families. The local DSS can meet their responsibility by asking the school district to supply the transportation and reimbursing the school district for the costs.
Topic Resources
Forms & Templates
Runaway and Homeless Youth Act (RHYA) Transportation Reimbursement Form
New York State Education Department
Youth who are temporarily living in Runaway and Homeless Youth (RHY) shelters and who attend their school of origin in a different district from the shelter must receive free transportation to and from school. The school district of attendance must provide transportation and will be eligible for full reimbursement by NYSED. To arrange reimbursement, school districts should submit this form to:
Jillena Strevell
NYSED, P.O. Box 7256
Albany, NY 12224
Contact information for Jillena Strevell - Jillena.Strevell@nysed.gov
Please send the completed form with a cover letter that includes:
* your school district’s federal ID number;
* the address where the reimbursement check should be sent;
* the name of the runaway and homeless youth shelter;
* the address of the runaway and homeless youth shelter;
* contact information for the Director of the runaway and homeless youth shelter; and
* an assurance from the school district that the facility is a runaway and homeless youth shelter.
Forms & Templates
Office of Pupil Transportation: Busing Exception Request Form
NYC Department of Education
Students in temporary housing can request busing by filling out the Busing Exception Request Form for Students in Temporary Housing or Students in Foster Care and submitting it to OPT (Office of Pupil Transportation). Temporary housing includes homeless shelter, domestic violence shelter, living with others due to financial hardship ("doubled up"), displaced because of a fire, disaster, eviction, etc. This form can also be used if a student recently left temporary housing and has moved to permanent housing.
Forms & Templates
Sample Transportation Protocol
NYS-TEACHS
This Sample Transportation Protocol helps with communication and coordination between school districts and local departments of social services any time the local department of social services is responsible for arranging transportation for a student in temporary housing. This Protocol is a template that school districts and local departments of social services are encouraged to use. School districts and local departments of social services are also welcome to adapt this Protocol to meet their needs.
Guides & Fact Sheets
Education Guide for Students in Shelter - SPANISH
NYC Department of Education
This Spanish language flyer provides information about education, including transportation services, for students living in shelters in New York City. This includes busing for students in K-6 and full-fare MetroCards for students in grades 7-12.
Guides & Fact Sheets
Quick Tip Sheet Series
NYS-TEACHS
Our Quick Tip Sheets provide detailed information about the rights of students experiencing homelessness in a one-page format. Each guide is targeted to a specific school role.
Guides & Fact Sheets
Education Guide for Students in Shelter - ENGLISH
NYC Department of Education
This English language flyer provides information about education, including transportation services, for students living in shelters in New York City. This includes busing for students in K-6 and full-fare MetroCards for students in grades 7-12.
Guides & Fact Sheets
Transportation Guide for Students in Temporary Housing
This chart provides concise information on the transportation rights of students in temporary housing attending school in New York State. It includes information on available services, the responsible agency, and funding sources when serving students in many different housing situations, including for students attending charter schools.
Guides & Fact Sheets
Transportation Strategies for Rural School Districts
NCHE Brief
This guide from the National Center for Homeless Education (NCHE) provides tips on creative transportation solutions for students experiencing homelessness in rural areas.
About the Source:
NCHE: Funded by the U.S. Department of Education, the National Center for Homeless Education (NCHE) operates the Department’s technical assistance center for the federal Education for Homeless Children and Youth (EHCY) Program. In this role, NCHE works with schools, service providers, parents, and other interested stakeholders to ensure that children and youth experiencing homelessness can enroll and succeed in school.
Guides & Fact Sheets
NYC DOE Transportation Protocol
This guide provides concise information on the transportation rights of students in temporary housing attending school in New York City. It includes information on available services, metro cards, and busing for students in shelter, students with door-to-door busing listed on their IEPs, and Pre-K students. This guide provides contact information and references to further resources, laws and guidance.
Guides & Fact Sheets
National Association of State Directors of Pupil Transportation Services Resolution to Support the Transportation of Homeless Children and Youth
The National Association of State Directors of Pupil Transportation Services
(NASDPTS) passed a resolution at its annual meeting in November 2000 stating its commitment to providing transportation services for homeless children.
Laws & Guidance
Non-Regulatory Guidance for the Education for Homeless Children and Youths
United States Department of Education
On March 2, 2017, the U.S. Department of Education (DOE) revised the Non-Regulatory Guidance for the Education for Homeless Children and Youths Program. This revised Non-Regulatory Guidance replaces the July 2016 Guidance and includes new questions and answers on the amendments to the McKinney-Vento Act made by the Every Student Succeeds Act (ESSA), which took effect on October 1, 2016, and new technical assistance on promising practices for implementing homeless education requirements at the State and local levels.
Laws & Guidance
Changes in Local District Responsibilities when Transporting Homeless Students
The purpose of this GIS is to notify districts that the New York State Education Law, Section 3209, was recently amended to conform to Federal changes in the McKinney-Vento Homeless Assistance Act. The McKinney-Vento Homeless Assistance Act ensures homeless children are provided transportation to and from school.
Certain changes to Section 3209 have an impact on districts’ responsibilities for transporting homeless students.
Laws & Guidance
New York State Education Law Section 3635, Transportation
This State Education Law addresses school transportation. For more information about transportation for students who are homeless, please see our transportation page.
Laws & Guidance
Transportation from LDSS for Students Who Are Homeless
OTDA Administrative Directive
Under New York State law, in certain circumstances, the local social services is responsible for arranging and paying for transportation to and from school for students experiencing homelessness. Read this Administrative Directive to find out more about when the local department of social services is responsible for a student’s transportation.
Please note: this document does not include information on the transportation changes made under the Every Student Succeeds Act (ESSA) which went into effect on October 1, 2016 or the changes to New York State Education Law Section 3209 which went into effect on April 20, 2017.
Laws & Guidance
Information on Transportation of Prekindergarten Students under Four Years of Age
New York State Education Department
This memorandum from the New York State Education Department (NYSED) Office of Early Learning and the Office of Educational Management Services provides information about student transportation safety for students under four years of age, including information on appropriate car seats and bus monitors.
Laws & Guidance
New York State Education Law Section 3209, Education of Homeless Children
NYS Education Law Section 3209 describes the rights of students in temporary housing in New York State.
Important changes to New York Education Law Section 3209 went into effect on April 20, 2017. The changes to this law reflect changes to the federal McKinney-Vento Act that were made under the Every Student Succeeds Act (ESSA). Below, along with the link to download the new text of the law, you will find a link to a marked-up version of Education Law § 3209 that highlights the changes.
Laws & Guidance
McKinney-Vento Homeless Education Assistance Act, Reauthorized by Title IX, Part A of the Every Student Succeeds Act (ESSA)
The McKinney-Vento Homeless Education Assistance Act is a federal law that protects the public education of children and youth experiencing homelessness. The text attached here is the latest version of the law since it was reauthorized on December 10, 2015 by Title IX, Part A of the Every Student Succeeds Act (ESSA).