S T A T E   O F   N E W   Y O R K
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    S. 1370                                                  A. 3902
                       2009-2010 Regular Sessions
                      S E N A T E - A S S E M B L Y
                            January 29, 2009
                               ___________
IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Education
IN  ASSEMBLY  -- Introduced by M. of A. ALESSI -- read once and referred
  to the Committee on Education
AN ACT to amend the education law, in relation  to  piggyback  contracts
  for school district transportation services
  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
  Section 1. Paragraph h of subdivision 25 of section 1709 of the educa-
tion law, as added by chapter 700 of the laws of  1993,  is  amended  to
read as follows:
  h.  (1)  The board of education is authorized to enter into a contract
with another school district, a county, municipality, or the state divi-
sion for youth to provide transportation for children, provided that the
contract cost is appropriate. In determining the appropriate transporta-
tion contract cost, the transportation service provider school  district
shall  use  a  calculation  consistent  with  regulations adopted by the
commissioner for the purpose of assuring that charges reflect  the  true
costs  that  would  be  incurred by a prudent person in the conduct of a
competitive transportation business.
  (2) NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION FOURTEEN OF  SECTION
THREE  HUNDRED  FIVE  OF  THIS CHAPTER, SECTION ONE HUNDRED THREE OF THE
GENERAL MUNICIPAL LAW, OR ANY OTHER PROVISION OF LAW  TO  THE  CONTRARY,
THE  BOARD  OF  EDUCATION  SHALL BE AUTHORIZED TO ENTER INTO A PIGGYBACK
CONTRACT WITH ANOTHER SCHOOL DISTRICT THAT TRANSPORTS STUDENTS  PURSUANT
TO  A  CONTRACT  WITH A PRIVATE TRANSPORTATION CONTRACTOR, PROVIDED THAT
THE BOARD FINDS THAT THE CONTRACT COST IS APPROPRIATE AND ENTRY  INTO  A
PIGGYBACK CONTRACT WILL RESULT IN A COST SAVINGS TO THE SCHOOL DISTRICT.
FOR  PURPOSES OF THIS PARAGRAPH, A "PIGGYBACK CONTRACT" MEANS A CONTRACT
FOR THE TRANSPORTATION OF STUDENTS THAT: (A) PROVIDES TRANSPORTATION  TO
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06059-01-9
              
             
                          
                
S. 1370                             2                            A. 3902
A  LOCATION  OUTSIDE THE STUDENTS' SCHOOL DISTRICT OF RESIDENCE TO WHICH
ANOTHER SCHOOL DISTRICT IS ALREADY PROVIDING TRANSPORTATION TO  ITS  OWN
STUDENTS  THROUGH  AN  EXISTING  CONTRACT  WITH A PRIVATE TRANSPORTATION
CONTRACTOR, OTHER THAN A COOPERATIVELY BID CONTRACT; (B) IS ENTERED INTO
BY  THE  PRIVATE  TRANSPORTATION  CONTRACTOR  AND  EACH  SCHOOL DISTRICT
INVOLVED; AND (C) PROVIDES FOR TRANSPORTATION  IN  ACCORDANCE  WITH  THE
TERMS AND CONDITIONS OF SUCH EXISTING TRANSPORTATION CONTRACT.
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after July 1, 2006.