§ 16-21.1-3. Variances permitted.
(a) Variances to require a city or town to provide bus transportation to a pupil who attends a school, except a special education facility, outside the region in which the pupil resides shall be granted by the commissioner of elementary 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 educational opportunity which the pupil has a right to pursue; and
(3) The school building which the pupil attends is within fifteen (15) miles of the city or town of which the pupil is a resident.
(b) Variances to require a city or town to provide bus transportation to a pupil entitled to enrollment in a special education program, provided in accord with regulations of the board of regents for elementary and secondary education, shall be granted by the commissioner of elementary and secondary education if he or she finds that the transportation is necessary in order that the pupil enroll in a special education facility located outside of the region and there is no similar facility within the region.
(P.L. 1977, ch. 149, § 1.)