Transportation on Optional Holidays
School districts and private schools have an obligation to share
their calendars and start/dismissal times during the summer months
prior to the opening of school.
Public school districts do not have the legal authority to transport
to a private school before the start of the public school year. So
if your district opens on September 10th and a private school opens
on Sept 5th, you must not provide transportation until Sept 10th.
Public school districts also do not have the legal authority to
provide transportation on the legal holidays that the state requires
that the public school district be closed. On other optional
holidays and other days a district is closed (conference days,
training days, etc), then the public school district has may choose
to provide transportation to private schools. However, if they
decide not to, that intent and information must have been provided
to private schools when the calendars and start/dismissal times were
shared, prior to the start of the school year. If a public school
district did not state their intent not to transport and did not
share their calendar, then they would be required to provide the
transportation.
Those are the broad requirements. May a school district can change
their mind after the start of the school year and elect not to
transport on certain days? Our program office opinion is that a
school district may decide, after the start of the school year, not
to transport on a future day (not due to an emergency situation) if
they give reasonable notice to the private schools. Reasonable
notice is two to four weeks before the date.
What if the transportation in question is for a child with an IEP? If it
is one of the legal holidays when you are required to be closed, then you
may not transport. If it's an optional day, then you would have to
transport if your district placed the child based upon an IEP.
NYS Ed. Law Section 3604 subdivision 8
3604 8. below refers to "legal holidays." The very beginning of 3604 8. addresses when school cannot be in session.
8. No school shall be in session on a Saturday or a legal holiday, except general election day, Washington's birthday and Lincoln's birthday, and except that driver education classes may be conducted on a Saturday. A deficiency not exceeding three days during any school year caused by teachers' attendance upon conferences held by superintendents of schools of city school districts or other school districts employing superintendents of schools shall be excused by the commissioner,
provided however, not withstanding any other provision of law, that during the nineteen hundred ninety-two--ninety-three through the two thousand two--two thousand three school years and thereafter, the commissioner shall excuse a deficiency not exceeding four days during such school year caused by teachers' attendance upon conferences held by such superintendents, provided that at least two such conference days during such school year shall be dedicated to staff attendance upon conferences providing staff development relating to implementation of the new high learning standards and assessments, as adopted by the board of regents. Notwithstanding any other provision of law, rule or regulation to the contrary, school districts may elect to use one or more of such allowable conference days in units of not less than one hour each to provide staff development activities relating to implementation of the new high learning standards and assessments. A district making such election may provide such staff development during the regularly scheduled daily session and apply such units to satisfy a deficiency in the length of one or more daily sessions of instruction for pupils as specified in regulations of the commissioner. The commissioner shall assure that such conference days include appropriate school violence prevention and intervention training, and may require that up to one such conference day be dedicated for such purpose.
NYS General Construction Law Section 24
This piece contains the official list of legal holidays as they apply to public institutions in NYS. Note that 3604 8. makes Washington and Lincoln's birthdays exceptions to the 'no school on legal holidays' rule.
General Construction Law § 24. Public holidays; half-holidays
Current through L.2004, chapters 4 to 38, 40 to 49, 52,61 to 77, 79 to 93, 96, 98 to 101and 104.
The term public holiday includes the following days in each year: the first day of January, known as New Year's day; the third Monday of January known as Dr. Martin Luther King, Jr. day; the twelfth day of February, known as Lincoln's birthday; the third Monday in February, known as Washington's birthday; the last Monday in May, known as Memorial day; the second Sunday in June, known as Flag day; the fourth day of July, known as Independence day; the first Monday in September, known as Labor day; the second Monday in October, known as Columbus day; the eleventh day of November, known as Veterans' day; the fourth Thursday in November, known as Thanksgiving day; and the twenty-fifth day of December, known as Christmas day, and if any of such days except Flag day is Sunday, the next day thereafter; each general election day, and each day appointed by the president of the United States or by the governor of this state as a day of general thanksgiving, general fasting and prayer, or other general religious observances. The term half-holiday includes the period from noon to midnight of each Saturday which is not a public holiday.
