You wanted information on the state law requiring districts to provide school transportation. You wanted to know if, with or without parent’s permission, the law allows districts to eliminate bus service due to lack of ridership. The Office of Legislative Research is not authorized to provide legal opinions and this should not be construed as one.

In accordance with Connecticut law, each local or regional board of education must furnish, by transportation or otherwise, school accommodations so that each child five years of age and over and under 21 who is not a graduate of a high school or vocational school may attend public school (CGS §10-186a). The law further states that each board of education must provide each child that is of school age and residing in the district with the opportunity to attend public school and provide for the transportation of children wherever transportation is reasonable and desirable (CGS §10-220a). A parent, guardian, surrogate parent, emancipated minor, or student of eligible age is entitled to a hearing before the board of education when a school accommodation, such as transportation, is denied.

School boards have the authority to create their own transportation policies within the confines of the law, for instance, determining what constitutes a hazardous route or setting maximum walking distances. The State Department of Education (SDE) confirms that districts, in their discretion, may scale back the number of buses or routes if they find that it is prudent to do so. The law does not require a bus-stop or seat for every student attending school in the district. However completely eliminating transportation services for a particular school could be problematic. Since students have a right to transportation where it is reasonable and desirable, districts would have to provide transportation if there is a change in circumstances and students or parents decide that transportation is again necessary, as well as if new students enroll in the district.

The question of whether a parent, guardian or student would be able to waive a student’s right to transportation is a legal one. The SDE was unable to provide an answer without more facts. Possible issues include how the language of the waiver is construed and the determination of whether a parent can legally waive a student’s right to transportation. A cursory review of school accommodations decisions did not yield an answer to either of these questions. Districts with more specific transportation or school accommodation questions should contact Attorney Ron Harris in the Connecticut State Department of Education Office of Legal and Governmental Affairs at (860) 714-6520.

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