Transportation Memo

June 2002


TO:                 Chairpersons of Committees on Preschool Special Education
                       Municipality Representatives Pursuant to Section 4410 of the Education Law

FROM:             Thomas Hamel
                       Chief, Special Education Program Services and Reimbursement Bureau

                       Erlinda Rejino
                       Coordinator, Special Education Policy

SUBJECT:     Reimbursement to Counties for Transportation Costs for Preschool Students with Disabilities (Revised from November 2001)

             This memorandum clarifies the requirements for processing reimbursement claims by counties for the costs of transporting preschoolers with disabilities pursuant to section 4410 of Education Law and the Part 200 Regulations of the Commissioner of Education.  This memorandum also details the responsibilities of municipalities regarding the approval of certain transportation costs.


            Section 200.16(d)(5) of the Regulations of the Commissioner of Education requires the Committee on Preschool Special Education (CPSE), when developing its recommendation for a preschool student with a disability to receive programs and services, to identify transportation options for the student.  Parents are to be encouraged to transport their preschool child at public expense where cost effective and at a rate established per mile or at a public service fare established by the municipality and approved by the Commissioner.

            The municipality in which a preschool child resides is responsible to provide suitable transportation, as determined by the board of education.  This begins with the first day of service and is provided once daily from the child care location to the special service or program and once daily from the special service or program to the child care location for distances of up to 50 miles from the child care location.  If the board determines that a child must receive special education services and programs at a location greater than 50 miles from the child care location, it must first request approval of the Commissioner of Education through a letter to the appropriate Special Education Quality Assurance Regional Office (see last page).

            In general, special education itinerant teacher (SEIT) and/or related services, as determined by the board of education, are provided by a teacher or service provider who travels to a site in the community.  Programs and services may be provided at sites including but not limited to: an approved or licensed pre-kindergarten or head start program, the work site of the provider, the child's home, a hospital, a State facility or a child care location.  The costs for staff travel in delivering SEIT services are included in the approved rate established by the New York State Education Department and approved by the New York State Division of Budget.  Similarly, municipalities establish rates for related services that should include the cost for staff travel in the delivery of these services.  Pursuant to section 4410(5)(c) of the Education Law, "in the event that the special service or program will be provided in the child's home or another setting for which the parent has made or subsequently makes arrangements, no transportation shall be indicated for the student."

Procedures for STAC Reimbursement Processing

            Contrary to the previous memoranda dated November 2001, Effective July 1, 2002, the STAC and Special Aids Unit will not implement eliminate the system edit that would have has electronically accepted only transportation claims for preschool students with disabilities enrolled in a special class or a special class in an integrated setting. For services provided on or after Beginning on July 1, 2002, municipalities may electronically submit STAC-1 forms that request reimbursement for a student's transportation to an approved SEIT program and/or related services provided the municipalities receives and maintains on file the following:

§            A STAC-1 form must be submitted to the municipality to request reimbursement for transportation for a child receiving SEIT and or related services.  The child's IEP must also be provided to the municipality, including the specific transportation required.

§            A written justification of the CPSE's transportation recommendation should be attached to the STAC form from the school district's CPSE Chairperson.

Acceptable circumstances for preschool students to be provided transportation when receiving SEIT and/or related services may include, but not be limited to:

§          The CPSE has recommended transportation to the work site of the related service provider for the preschool student to use specialized equipment or for cost-effectiveness.

§          SEIT and/or related services can not be provided in the preschool student's home, due to health, safety or environmental concerns.

The municipality's signature on that STAC-1or the electronic equivalent of the signature will be viewed as the municipality's assurance to the State that all conditions for approval of the child's transportation service to a SEIT and related services have been met.  Municipalities may contact the Special Education Policy Unit in cases where the municipality may have questions on the approvability of the district's request.  It should be noted that the required documentation should be kept on file by the municipality for seven years and such documentation will be reviewed during audits performed by the Department of or by the Office of the State Comptroller.

General Note on Transportation - Special Transportation Considerations

             In the course of reviewing the needs of preschool students with disabilities, the CPSE may identify students who require special transportation accommodations that may exceed the cost of typical transportation arrangements.  Examples of special considerations are: a motorized lift for a student in a wheel chair or a transportation aide to support a student's physical or behavioral needs when a child is being transported between the special education program and service and the child care location.

            These types of considerations must be identified on the student's individualized education program (IEP) and reflected in the transportation costs listed on the STAC-1 form for State reimbursement to the county.

For Further Information:

             Additional questions regarding transportation for preschool students with disabilities may be directed to the Special Education Policy Development Unit (for clarification of State law, regulations and policy) at (518) 473-2878; the Program Services Reimbursement Unit (for information regarding rate setting for transportation, and special education programs and services) at (518) 474-3227; or the STAC and Special Aids Unit (for clarification of the reimbursement process) at (518) 474-7116.

            You may also contact the following Special Education Quality Assurance Regional Offices (for information regarding law, policy and practice and approvals at the local level):



Eastern Regional:

(518) 486-6366

Hudson Valley Regional:

(914) 245-0010



Western Regional:

(585) 344-2112 x 420

NYC Regional:

(718) 722-4544



Central Regional:

(315) 471-4796

Long Island Regional:

(631) 884-8530

Last Updated: May 27, 2009