Contracted Transportation by Parents
Education Law 1709(27) states that a board of education "may contract with any person... for the conveyance of pupils residing within the district" such as, with a legal guardian or parent to transport his or her own children.
Commissioner’s Regulations Section 156.3(1)(iii) provides "a parent who transports exclusively his or her own children" is not considered a school bus driver. This classification makes the parent, when driving his own child on a parent contract, exempt from the commercial licensing requirements of Section 156.3 of the Regulations of the Commissioner of Education. Also, the parent's vehicle is not subject to a school bus inspection by the Department of Transportation, and the parent or legal guardian (who is the driver) transporting in this capacity is not subject to Article 19-A of Vehicle and Traffic Law. Article 19-A does not apply to a person operating his or her own vehicle with a seating capacity of 10 or fewer adults.
SED is not requiring any evidence of competitive bidding to approve parent contracts for Transportation Aid. This is because:
- The requirement for a parent contract is limited to the driver being the parent or legal guardian and as such there is generally only ever one respondent to any such transportation request.
- The exemptions from state agency requirements when parents transport their own children as noted above means parents are not considered school bus drivers or transportation contractors like other for-hire companies.