senate Bill S738

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

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Bill Status


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

  • 09 / Jan / 2013
    • REFERRED TO EDUCATION
  • 12 / Feb / 2013
    • REPORTED AND COMMITTED TO FINANCE
  • 16 / Apr / 2013
    • 1ST REPORT CAL.302
  • 17 / Apr / 2013
    • 2ND REPORT CAL.
  • 22 / Apr / 2013
    • ADVANCED TO THIRD READING
  • 11 / Jun / 2013
    • PASSED SENATE
  • 11 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 11 / Jun / 2013
    • REFERRED TO EDUCATION

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.

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Bill Details

Versions:
S738
Legislative Cycle:
2013-2014
Current Committee:
Assembly Education
Law Section:
Education Law
Laws Affected:
Amd ยง3635, Ed L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S595A
2009-2010: S44

Sponsor Memo

BILL NUMBER:S738

TITLE OF BILL:
An act
to amend the education law, in relation to the transportation of
children residing in a school district

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 1. of this legislation would amend section 3635 of the
education law to permit the transportation of a child by a school
district when the child lives at a distance which is less than the
distance that transportation must be provided. Upon the adoption of a
resolution by the board of education or trustees of any school
district, transportation may be offered on an equitable basis to
children who have a parent/legal guardian with a physically limiting
impairment which prohibits the parent/legal guardian from
accompanying their child to or from school as certified by their
physician, physician assistant or nurse practitioner.

Section 2. Effective Date

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 case:s, 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:
2012: Veto
147 (S.595A/A.9267A)
2011: Passed the Senate (S.595)
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
________________________________________________________________________

                                   738

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

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

AN  ACT to amend the education law, in relation to the transportation of
  children residing in a school district

  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 section 11 of part A of chapter 97 of  the  laws
of 2011, is amended to read as follows:
  a.  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 transportation
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
distance than fifteen miles may be provided by  the  district  with  the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01320-01-3

S. 738                              2

approval  of  the  qualified  voters, and, if provided, shall be offered
equally to all children in like circumstances residing in the  district;
provided,  however, that this requirement shall not apply to transporta-
tion  offered  pursuant  to  section thirty-six hundred thirty-five-b of
this article; PROVIDED FURTHER THAT THIS REQUIREMENT SHALL NOT APPLY  TO
TRANSPORTATION  THAT  MAY,  UPON  A  RESOLUTION  ADOPTED BY THE BOARD OF
EDUCATION OR TRUSTEES OF ANY SCHOOL DISTRICT, BE OFFERED ON AN EQUITABLE
BASIS TO PROVIDE TRANSPORTATION FOR  A  LESSER  DISTANCE  THAN  WHAT  IS
REQUIRED  PURSUANT  TO THIS SUBDIVISION TO CHILDREN WHO HAVE A PARENT OR
LEGAL GUARDIAN WITH A PHYSICALLY  LIMITING  IMPAIRMENT  WHICH  PROHIBITS
SUCH  PARENT  OR LEGAL GUARDIAN FROM ACCOMPANYING THEIR CHILD TO OR FROM
SCHOOL, AS CERTIFIED BY THEIR PHYSICIAN, PHYSICIAN  ASSISTANT  OR  NURSE
PRACTITIONER.
  S  2.  This act shall take effect on the first of July next succeeding
the date on which it shall have become a law; provided, that the  amend-
ments  to  paragraph a of subdivision 1 of section 3635 of the education
law made by section one of this act shall not affect the  expiration  of
such paragraph and shall be deemed to expire therewith.

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