Does NY State Consolidated Transportation Law need changing?
If Article 73 of the New York State Consolidated Transportation Law [Article 73
PART III - L96 TRANSPORTATION SERVICES
L96 (1996, heading chgd. by chap. 474, eff. 7/1/96.) §3635. Transportation]
states that children in elementary schools who live more than 2 miles from the school they attend, within the District they live in, and middle and upper school children who live more than 3 miles from the school in the district they live in may receive yellow bus services, what happens now in New York city, as there is the overriding No Child Left Behind and no Districts any more, but Regions?
The No Child Left Behind Act requires each school district to set aside an amount equal to 20% of its combined Title I allocations (basic, concentration, targeted assistance, and finance incentive grants) to pay for transportation costs associated with the public school choice requirements.
The problem arises that there are kids travelling across District lines all over the place. In fact, kids are transferring out of schools in need of improvement to schools outside their Districts but within the Region and, under No Child Left Behind, will get transportation to get there!!! This means that kids in the same schools may or may not get a yellow bus because of where they USED to go to school, in compliance with the Federal Law, and in violation of Article 73 of the NY City Transportation Law!!!
Therefore if a child lives in District 2 but attends a school in District 3 and got in because of a test or grades, this child may not get a yellow bus (except the Anderson Program), but if a child transfers to the same school under NCLB rules from a school in need of improvement and lives in the same building, may get yellow bus service?