§ 16-21.1-3 - Variances permitted.
SECTION 16-21.1-3
§ 16-21.1-3 Variances permitted. –(a) Variances to require a city or town to provide bus transportation to apupil who attends a school, except a special education facility, outside theregion in which the pupil resides shall be granted by the commissioner ofelementary and secondary education if he or she finds that:
(1) There is no similar school within the region;
(2) The transportation is necessary to provide an educationalopportunity which the pupil has a right to pursue; and
(3) The school building which the pupil attends is withinfifteen (15) miles of the city or town of which the pupil is a resident.
(b) Variances to require a city or town to provide bustransportation to a pupil entitled to enrollment in a special educationprogram, provided in accord with regulations of the board of regents forelementary and secondary education, shall be granted by the commissioner ofelementary and secondary education if he or she finds that the transportationis necessary in order that the pupil enroll in a special education facilitylocated outside of the region and there is no similar facility within theregion.