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Transportation |
Q. Under what circumstances must a school district provide transportation to school for students experiencing homelessness? |
| A. The McKinney-Vento Act requires school districts to provide transportation for students experiencing homelessness in three situations. First, school districts must provide transportation to the school of origin upon the request of a parent or guardian, or in the case of an unaccompanied youth, upon the request of the liaison. 42 U.S.C. §11432(g)(1)(J)(iii). That is true regardless of whether the district provides transportation for other students or in other circumstances. Second, for other transportation (as opposed to the school of origin), the McKinney-Vento Act requires districts to provide transportation comparable to that provided to housed students. 42 U.S.C. §11432(g)(4)(A). Therefore, if the district transports housed students to the local school or to a summer program, it must also transport students experiencing homelessness. Finally, school districts must eliminate barriers to the school enrollment and retention of students experiencing homelessness. For example, if a student is living on or near an extremely busy intersection, in a very dangerous neighborhood, or is otherwise unable to attend school without transportation, the district must eliminate lack of transportation as a barrier to the child attending school. 42 U.S.C. §§11432(g)(1)(I), (g)(7). |
Q. How far is too far to travel to the school of origin? What if my state has established a general limit on all school transportation of one hour or 30 miles? |
| A. The McKinney-Vento Act does not specify any mileage or time limit for travel to the school of origin. The Act requires school districts to provide transportation to the school of origin at the request of a parent or guardian or, for unaccompanied youth, at the liaison's request. 42 U.S.C. §11432(g)(1)(J)(iii). Therefore, whenever a student is attending the school of origin, transportation is required. A commute so lengthy as to be harmful to the child's educational achievement will weigh against placement in the school of origin. This determination will depend on the student's circumstances. For example, a lengthy commute that may be harmful to a young child may be feasible for an older youth. Similarly, in many rural areas, lengthy commutes to school are common; the commute of a child experiencing homelessness in such an area would need to be evaluated in that context. Therefore, transportation services must rest on the individualized feasibility determination, not blanket limits. State or school district policies that establish blanket limits on transportation violate the McKinney-Vento Act. The federal law supersedes these contrary state or local policies. |
Q. Is transportation required if the school of origin is in another school district? |
| A. Yes. As long as attendance at the school of origin is feasible, transportation is required, even if it requires students to cross district lines. If two districts are involved, they must agree upon a method to apportion the cost and responsibility of transportation, or split it equally. 42 U.S.C. §11432(g)(1)(J)(iii). States should develop a system to assist with inter-district transportation issues, including disputes between districts regarding apportioning costs and responsibility. The state attorney general's office may also be able to assist. States may have policies about shared fiscal responsibilities. The possibility of nonpayment does not affect districts' obligation to provide transportation. Inter-district disputes cannot delay the immediate enrollment (defined as attending classes and participating fully in school activities) of children in the school selected. 42 U.S.C. §§11432(g)(3)(C), 11434A(1). Establishing inter-district transportation procedures will be essential to ensure that transportation is arranged quickly for students. (See also Question 22.) |
Q. If a student is crossing district lines to remain at the school of origin, which district has primary responsibility to arrange and fund the transportation? |
| A. The McKinney-Vento Act first gives school districts and states the ability to agree upon a method to apportion cost and responsibility. The Act further states that in the absence of agreement, the two districts must apportion cost and responsibility equally. 42 U.S.C. §11432(g)(1)(J)(iii). However responsibility is divided, students must be provided with transportation without delay. In practice, states may wish to designate either the district of origin or the district of residence as the lead agency, to avoid any delays in initiating services while such disagreements are resolved. Any such delays would violate the McKinney-Vento Act's requirement that students be immediately enrolled in the selected school. |
Q. When two states are involved in a dispute regarding provision of transportation and either state absolutely refuses to pay any of the cost, is there a provision for a federally-enforced resolution? |
| A. The states may call the USDE for technical assistance in resolving the dispute. The state attorney general's office also may be able to assist. States may have policies about shared fiscal responsibilities. The possibility of nonpayment does not affect districts' obligations to provide transportation. Inter-state disputes cannot delay the immediate enrollment (defined as attending classes and participating fully in school activities) of children in the school selected. 42 U.S.C. §§11432(g)(3)(C), 11434A(1). Establishing inter-state transportation procedures will be essential to ensure that transportation is arranged quickly for students. Communication among the involved State Coordinators and liaisons can facilitate the provision of services. |
Q. Can a school district pay parents to transport their children? |
| A. Yes. School districts may reimburse parents or youth who have cars and are able to provide transportation, as a cost-effective means to meet the district's obligation. |
Q. Does providing or arranging for transportation mean door-to-door transportation, similar to transportation for students receiving special education services? |
| A. Generally, no. The McKinney-Vento Act does not require door-to-door transportation, unless that is the only appropriate arrangement for a particular student. For example, if a student is living on or near an extremely busy intersection, it may not be appropriate to expect the child to cross the intersection. The mode and details of transportation cannot present a barrier to the child's attendance in school. 42 U.S.C. §§11432(g)(1)(I), (g)(7). |
Q. Does providing access to public transportation qualify as providing transportation? |
| A. Yes, if the public transportation is appropriate. For example, young children cannot be expected to use public transportation alone. In such cases, school districts should provide transit passes for an adult caregiver to escort the child, or provide another form of transportation. Similarly, if traveling to a school of origin on public transit requires an unreasonable length of time, another mode of transportation may be required. The mode and details of transportation cannot present a barrier to the child's attendance in school. 2003 Guidance, p. 16; 42 U.S.C. §§11432(g)(1)(I), (g)(7). |
Q. If a district doesn't offer transportation to summer school for any students, does it have to provide summer school transportation for students in homeless situations? |
| A. Generally, no. The McKinney-Vento Act requires schools to provide comparable transportation services for students in homeless situations. If the school does not provide transportation to summer school for housed students, then it is generally not required to provide transportation to homeless students. However, if attendance in summer school is required for the student to pass to the next grade, and lack of transportation will prevent the child from participating, that presents a barrier to the student's academic success. The district must remove that barrier, so the student can avoid being retained in the same grade. 42 U.S.C. §§11432(g)(1)(I), (g)(7). |
Q. Is transportation required while a dispute is being resolved? |
| A. Yes, to the extent it would be required if there were no dispute. While disputes are pending, students must be enrolled in the school in which they are seeking enrollment. If that school is the school of origin, the school district(s) involved must provide transportation. 2003 Guidance, p. 18; 42 U.S.C. §11432(g)(1)(J)(iii). If that school is the local school, transportation must be provided to the extent it is provided to housed students, and to the extent necessary to ensure it is not a barrier to attendance. 42 U.S.C. §§11432(g)(1)(I), (g)(4), (g)(7). These provisions apply whether the dispute is about school enrollment, school selection, or whether the child or youth is homeless under the McKinney-Vento Act. |
Q. If a student's temporary housing is across state lines from the school of origin, is transportation still required? |
| A. Yes. Since the McKinney-Vento Act is a federal law, it applies as in any other situation. Therefore, if the student is attending the school or origin, transportation must be provided at the parent's/guardian's request or at the liaison's request, in the case of an unaccompanied youth. Communication among the involved State Coordinators, liaisons and transportation directors can facilitate the provision of transportation. (See Question 22.) |
Q. Our state legislature is considering a bill that would require school districts to transport students only in official school vehicles. How would this interact with McKinney-Vento's transportation requirements? |
| A. Such a state law would not violate the McKinney-Vento Act. School districts would still have to continue to provide transportation to the school of origin at the request of parents, guardians, or liaisons (in the case of unaccompanied youth), while complying with the new state transportation law. |
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