UPDATE to FAQ for Skyer Law Clients

Q: Will the Office of Pupil Transportation provide busing to my child’s private school year this year?

A: The answer to this question is very case specific. The good news is that the New York State Education Department has made clear that busing to private schools must continue during the 2020-2021 school year – even if the DOE moves entirely to remote learning. NY State Education Department just issued this statement “If the school district is in session remotely or otherwise, pupil transportation must be provided to nonpublic, parochial, private, charter schools or students whose Individualized Education Plans have placed them out of district whose schools are meeting in in-person sessions when/ if the district is not.” You can read more here:http://www.nysed.gov/common/nysed/files/programs/reopening-schools/nys-p12-school-reopening-guidance.pdf

Therefore, if your child’s IEP indicates an entitlement to busing, this State Education Department directive means your child should receive it.

Even with this directive, the DOE is still vague about the specific plan for busing for the 2020-2021 school year so far. An OPT spokesperson confirmed in early July that they were “assessing” a truncated transportation plan, but no additional details have been released by the city. Given the extensive guidelines regarding daily cleaning and disinfection, social distancing, and requirements to provide masks - as well as the herculean task of routing approximately 150,000 bused students who are participating in hybrid learning schedules that can change day-to-day, we have very serious doubts about busing actually being in place by the first day of school. We will, of course, update this information as soon as we have any more news on this front.