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LETTER OFTHE (FEDERAL) LAW As one of the state delegates at the 15th annual Congress on School


Transportation, I am concerned with the impression that your article gives [“2010 NCST Ends with Cordial Compromises, Additions,” page 20, July issue]. Te article leads individuals to believing that this Congress changed the law by modifying the McKinney-Vento Homeless Assistance Act. Tat is not what this Congress did! Fact is we were working on a recommendation to a recommended Transportation Standards document. Fact is public school transportation departments, nor contract busing companies are required to meet McKinney–Vento Assistance Act, state and local school districts are. State and local schools districts MAY choose to require their transportation providers to provide this service or they MAY choose to find other means of transportation to met their lawful requirements. To put the word SHALL into a document that is a recommendation, seems short-sighted at best. Just my take on it. Tank you.


Jeff Lambert, Transportation Director Chino Valley (Ariz.) Unified School District #51 It is unfortunate that the policies of the McKinney-Vento Act have been


misquoted in the recently adopted amendments to the National School Transportation Specifications and Procedures. Under the McKinney-Vento Act, school districts must keep homeless children and youth in their school of origin, if it is in their best interest, and if it is what their parents or guard- ians wish. Once it has been determined that staying in the school of origin is in a child’s best interest, school districts are required to provide transpor- tation to and from the school of origin. While the determination of best interest is a case-by-case, child-centered, and individualized decision, the requirement to transport is unambiguous and unqualified; indeed, the law states that “Te State and its local educational agencies will adopt policies and practices to ensure that transportation is provided.” Te word “may” does not appear in this provision; therefore, it is not at a school district’s discretion whether or not to provide transportation to the school of origin. If a homeless child is continuing his or her education in the school of origin, transportation is a clear, specific requirement of law. Tese policies are essential to ensure educational stability for children


whose lives have been turned upside down by homelessness. In a sea of cha- os and uncertainty, school is a safe, stable haven where homeless children and youth can receive critical services, attention from caring adults, and the opportunity to receive the education that can lift them out of poverty. Keeping students in their school of origin has been shown to increase stan- dardized test scores, and even increase school funding — one school district saw its per pupil reimbursement increase $1.6 million in one school year. Te NCST amendment may have been an attempt to simplify a nuanced


federal policy, but leaving it as currently worded will lead to confusion, at best. At worst, this mischaracterization of federal law can lead to compli- ance problems and pull the rug out from underneath children for whom school transportation is a lifeline. While we applaud NCST for its attention to homeless children and youth, we urge NCST to revisit this amendment and bring it fully in line with the language of the law.


Barbara Duffield, Policy Director


National Association for the Education of Homeless Children and Youth Washington, D.C.


10 School Transportation News Magazine October 2010 Oct10_STN.indb 10 9/14/10 12:17 PM Printed in the U.S.A Publication Mail Agreement No. 40065374


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