TRANSPORTATION
Local Transportation Agreement: To meet the goal of promptly addressing the educational needs of children in foster care, LDSSs and LEAs will biennially prepare a Local Transportation Agreement for Students in Foster Care (see page 33 for model agreement) that outlines local transportation procedures. These agreements also provide both local agencies with a list of key contacts for foster care issues and outline the information to be provided by the school district in support of the BID. An LDSS must have an agreement with each LEA in which students in foster care are attending. This includes agreements with LEAs outside of the county if a student in foster care attends that LEA. Although either agency may initiate a local transportation agreement, it is the responsibility of the LEA to ensure that the agreement is in place. Pursuant to ESSA, LEAs are required to make assurances to the NYS Education Department that these agreements are in place
Internal Protocols: School districts must develop internal protocols to ensure that the transportation office is informed immediately when the district is notified that a child has been placed in foster care or has changed foster care placement and to arrange new transportation.
Transportation Document for a Student Placed in Foster Care: Once school districts receive the initial notification letter —sent when a student is placed in foster care and after any subsequent change in foster care placement — they should prepare the Individual Transportation Plan for a Student in Foster Care (see page 36). The plan helps ensure that transportation is being provided in a timely manner that is consistent with the protocol.
Aidable Transportation Costs: A student in foster care is entitled to receive transportation to attend the school of origin. Such transportation shall be provided and funded by the school district of attendance and shall be aidable up to 50 miles each way. The state supports a share of the eligible costs of mandated home-to-school transportation, and the proportion shared varies under a formula that measures districts’ resources. Likewise, when a student is designated to attend the school district of residence, rather than the school of origin, any cost incurred for transporting that student is aidable as long as it does not exceed an amount determined by the commissioner of education.
Excess Allowable Transportation Costs: Excess costs beyond those reimbursed as discussed above shall be shared equally between the LDSS and the designated school district of attendance. “Excess transportation costs” is defined in Education Law §3244 as “the difference between what a school district otherwise would spend to transport a student to his or her assigned school and the cost of transporting a child in foster care to his or her school of origin.” The LEA and LDSS are expected to consider and utilize all allowable funding sources, including federal funds, to cover additional transportation costs. The LEA must ensure that children in foster care promptly receive transportation without delay (within two to three business days for in-district transportation or five to seven business days for out-of-district transportation) as needed to the school determined to be in their best interest.
For additional information and scenarios on transportation costs, please see the section below entitled Every Student Succeeds Act (ESSA) and NYS Ed Law §3244 Summary Transportation Costs for Children in Foster Care on page 18.
Students in Foster Care Tool Kit