§ 3622-a. Aidable regular transportation. For the computation of
transportation aid pursuant to the requirements of subdivision seven of
section thirty-six hundred two of this article and this part, aidable
regular transportation shall include the following, provided that the
school district shall have voted to furnish such transportation, as
provided by law, or that the commissioner shall have directed that such
transportation be furnished; and provided further that transportation
aid shall not be paid in a case where the provision made for
transportation is inadequate and is disapproved by the commissioner:

1. Transportation of pupils to and from school once daily, provided,
however, in no case shall there be any deduction made in determining
aidable regular transportation on the basis of bus mileage travelled in
transporting children as part of a regional or joint transportation
system;

2. For school districts that do not maintain a high school,
transportation for its pupils who have completed the work of the sixth
grade and are receiving instruction in another district;

3. Out-of-district transportation designed to relieve temporary
overcrowding, subject to the approval of the commissioner;

4. Out-of-district transportation to nonpublic elementary or high
schools;

5. Transportation of pupils during the school day to and from programs
at a board of cooperative educational services or to or from approved
shared programs at other school districts, which programs may lead to a
diploma or a high school equivalency diploma or to or from career
education programs operated within the district;

6. Transportation of pupils to and from approved summer school
programs operated by a school district in the two thousand--two thousand
one school year and thereafter, provided, however, that if the total
statewide apportionment attributable to allowable transportation
expenses incurred pursuant to this subdivision exceeds five million
dollars ($5,000,000), individual school district allocations shall be
prorated to ensure that the apportionment for such summer transportation
does not exceed five million dollars ($5,000,000), provided that such
prorated apportionment computed and payable as of September one of the
school year immediately following the school year for which such aid is
claimed shall be deemed final and not subject to change;

7. Transportation provided pursuant to section thirty-six hundred
thirty-five-b of this article;

8. Notwithstanding any inconsistent provision of law, transportation
provided in the two thousand nineteen--two thousand twenty school year
during the state disaster emergency declared pursuant to executive order
202 of 2020, provided that transportation was provided during the time
period of school building closures ordered pursuant to executive order
202 of 2020. Such aidable transportation shall include transportation of
meals, educational materials and supplies to students, and
transportation to provide students with internet access; and

9. Notwithstanding any inconsistent provision of law, expenditures
made for transportation during the period between the issuance of
executive order 202.4 on March sixteenth, two thousand twenty and the
issuance of executive order 202.28 on May seventh, two thousand twenty,
without regard to whether such transportation was provided.