senate Bill S595

Amended

Allows board of education to provide certain children transportation to school for a lesser distance than two miles

download pdf

Sponsor

Co-Sponsors

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

  • 05 / Jan / 2011
    • REFERRED TO EDUCATION
  • 08 / Mar / 2011
    • REPORTED AND COMMITTED TO FINANCE
  • 02 / May / 2011
    • 1ST REPORT CAL.411
  • 03 / May / 2011
    • 2ND REPORT CAL.
  • 04 / May / 2011
    • ADVANCED TO THIRD READING
  • 14 / Jun / 2011
    • PASSED SENATE
  • 14 / Jun / 2011
    • DELIVERED TO ASSEMBLY
  • 14 / Jun / 2011
    • REFERRED TO EDUCATION
  • 04 / Jan / 2012
    • DIED IN ASSEMBLY
  • 04 / Jan / 2012
    • RETURNED TO SENATE
  • 04 / Jan / 2012
    • REFERRED TO EDUCATION
  • 06 / Mar / 2012
    • REPORTED AND COMMITTED TO FINANCE
  • 18 / Apr / 2012
    • 1ST REPORT CAL.513
  • 19 / Apr / 2012
    • 2ND REPORT CAL.
  • 25 / Apr / 2012
    • ADVANCED TO THIRD READING
  • 13 / Jun / 2012
    • AMENDED ON THIRD READING (T) 595A
  • 21 / Jun / 2012
    • SUBSTITUTED BY A9267A

Summary

Allows board of education to provide transportation to school for a child living a lesser distance than two miles from school if the parent or guardian of the child has a physically limiting impairment and is unable to accompany the child to and from school.

do you support this bill?

Bill Details

See Assembly Version of this Bill:
A4760
Versions:
S595
S595A
Legislative Cycle:
2011-2012
Law Section:
Education Law
Laws Affected:
Amd ยง3635, Ed L
Versions Introduced in Previous Legislative Cycles:
2009-2010: S44, A6429
2007-2008: A10524

Sponsor Memo

BILL NUMBER:S595 REVISED 04/20/12

TITLE OF BILL:
An act
to amend the education law, in relation to permitting boards of
education to grant parents or guardians, physically limited by a
disability, the ability to obtain bus services for their children

PURPOSE:
To allow parents or guardians, who are physically limited by
a disability, the ability to obtain bus services for their children
under the currently prescribed minimum limits applicable to school
districts in New York State.

SUMMARY OF PROVISIONS:
Section one of this legislation would amend section 3635(a) of the
Education Law to add subdivision (i) and (ii).

Subdivision (i) of the education law would permit the transportation
of children by a school district, when the child lives at a distance
which is less than the distance at which transportation must be
provided. Upon the adoption of a resolution by the board of education
determining that the parent or guardian of a child has a physically
limiting disability and that transportation would be in the best
interest of the child.

Subdivision (ii) is added to require proof of physically limiting
disability be certified by a physician on a form prescribed by the
department.

EXISTING LAW:
Current law requires a school district to provide
transportation for all children attending grades kindergarten through
eight who live more than two miles from the school which they legally
attend and for children attending grades nine through twelve who live
more than three miles from the school which they legally attend.
Transportation shall be provided for such children up to a distance
of fifteen miles, the distances in each case being measure by the
nearest available route from home to school.

JUSTIFICATION:
Several school children live in close proximity to the
school they legally attend, and are therefore not qualified to
receive school district transportation, leaving the child and/or
their parents and guardians to provide some other method of
transportation for that child to school. In some cases, the parent of
such child has a physically limiting disability and is therefore
unable to assist the child, by driving them, or to supervise the
child, by walking with them, to ensure the child's safety to and from
school. This legislation would permit a school board of education to
adopt a resolution and provide transportation for children when their
parent or guardian has a physically limiting disability.

LEGISLATIVE HISTORY:
2011: Passed Senate (S.595/A.4760)
2010: Passed Senate (S.44/A.6429)


2009: Advanced to Third Reading (S.44/A.6429)
2008: Similar bill (S.1543) Veto
106

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
The first of July next succeeding the date on which it shall
have become a law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   595

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by Sens. FUSCHILLO, GOLDEN, HANNON, LARKIN -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Education

AN  ACT  to amend the education law, in relation to permitting boards of
  education to grant parents or guardians, physically limited by a disa-
  bility, the ability to obtain bus services for their children

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Paragraph a of subdivision 1 of section 3635 of the educa-
tion law, as amended by chapter 69 of the laws of 1992,  is  amended  to
read as follows:
  a.  (I)  Sufficient transportation facilities (including the operation
and maintenance of motor vehicles)  shall  be  provided  by  the  school
district for all the children residing within the school district to and
from the school they legally attend, who are in need of such transporta-
tion  because  of  the  remoteness of the school to the child or for the
promotion of the best interest of such children.    Such  transportation
shall be provided for all children attending grades kindergarten through
eight  who  live  more than two miles from the school which they legally
attend and for all children attending grades  nine  through  twelve  who
live more than three miles from the school which they legally attend and
shall be provided for each such child up to a distance of fifteen miles,
the distances in each case being measured by the nearest available route
from  home  to school. The cost of providing such transportation between
two or three miles, as the case may  be,  and  fifteen  miles  shall  be
considered  for  the  purposes  of  this chapter to be a charge upon the
district and an ordinary contingent expense of the district. Transporta-
tion for a lesser distance than  two  miles  in  the  case  of  children
attending  grades  kindergarten through eight or three miles in the case
of children attending grades nine  through  twelve  and  for  a  greater

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00468-01-1

S. 595                              2

distance  than  fifteen  miles  may be provided by the district, and, if
provided, shall be offered equally to all children in like circumstances
residing in the district AND MAY, UPON A RESOLUTION ADOPTED BY THE BOARD
OF EDUCATION AND FOR A PERIOD OF TIME AS APPROVED BY THE BOARD OF EDUCA-
TION,  BE  PROVIDED  FOR  SUCH  LESSER DISTANCES BASED UPON SUCH BOARD'S
DETERMINATION THAT THE PARENT OR GUARDIAN OF A CHILD  HAS  A  PHYSICALLY
LIMITING  DISABILITY  WHICH  RENDERS  HIM OR HER UNABLE TO ACCOMPANY THE
CHILD TO OR FROM SCHOOL; provided, however, that this requirement  shall
not  apply  to  transportation  offered  pursuant  to section thirty-six
hundred thirty-five-b of this article.
  (II) PROOF OF A PHYSICALLY LIMITING DISABILITY WHICH RENDERS A  PARENT
OR  GUARDIAN  OF A CHILD UNABLE TO ACCOMPANY THE CHILD TO OR FROM SCHOOL
SHALL BE CERTIFIED BY A DOCTOR IN A FORM TO BE PRESCRIBED BY THE DEPART-
MENT.
  S 2. This act shall take effect on the first of July  next  succeeding
the date on which it shall have become a law.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.