BILL NUMBER:A11040
TITLE OF BILL: An act to amend the education law, in relation to the
reimbursement of school districts for the transportation of students
PURPOSE OF BILL: This legislation would require a city with a popu-
lation of one million or more to provide reimbursement for the cost of
providing transportation after 5:00 pm if the nonpublic or public school
offers regularly scheduled academic classes until 5:00 pm or later.
SUMMARY OF PROVISIONS: OF BILL: Section 1 would amend section 3635 of
the education law by adding a new subdivision 8 that would require a
city school district located in a city with a population of one million
or more to reimburse the cost of providing transportation by a means
other than public transportation after 5:00 pm if the nonpublic or
public school offers regularly scheduled academic classes until 5:00 pm
or later. To be eligible for reimbursement, a school must begin classes
no later than 9:30 am.
Eligible students would be those in grades K-2 who live at least one-
half mile from their school and those in grades 3-6 who live at least
one mile from their school. In order for a student's transportation to
be eligible for reimbursement, the parent or guardian would be required
to submit a request by April 1.
The cost to the school district of reimbursing the school or parents or
S T A T E O F N E W Y O R K
________________________________________________________________________
11040
I N A S S E M B L Y
May 11, 2010
___________
Introduced by M. of A. WEINSTEIN, HIKIND -- read once and referred to
the Committee on Education
AN ACT to amend the education law, in relation to the reimbursement of
school districts for the transportation of students
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 3635 of the education law is amended by adding a
new subdivision 8 to read as follows:
8. A. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS SECTION TO THE
CONTRARY, A CITY SCHOOL DISTRICT LOCATED IN A CITY HAVING A POPULATION
OF ONE MILLION OR MORE PROVIDING TRANSPORTATION PURSUANT TO THIS CHAPTER
SHALL BE RESPONSIBLE FOR REIMBURSING THE COST INCURRED FOR PROVIDING
TRANSPORTATION AFTER FIVE O'CLOCK IN THE AFTERNOON FOR THOSE CHILDREN
ATTENDING PUBLIC AND NONPUBLIC SCHOOLS IN GRADES KINDERGARTEN THROUGH
SIX WHO REMAIN AT THE SAME SCHOOL FOR WHICH THEY ARE ENROLLED FOR REGU-
LARLY SCHEDULED ACADEMIC CLASSES FROM HALF-PAST NINE O'CLOCK IN THE
MORNING OR EARLIER UNTIL FIVE O'CLOCK IN THE AFTERNOON OR LATER, ON
WEEKDAYS, AND RESIDE AT LEAST ONE MILE FROM THEIR SCHOOL OF ATTENDANCE
FOR GRADES THREE THROUGH SIX, AND AT LEAST ONE-HALF MILE FROM THEIR
SCHOOL OF ATTENDANCE FOR GRADES KINDERGARTEN THROUGH TWO. A DISTRICT
DOES NOT SATISFY ITS OBLIGATION UNDER THIS SECTION BY PROVIDING FUNDING
FOR PUBLIC TRANSPORTATION OF ANY CHILD WHOSE PARENTS OBJECT TO PUBLIC
TRANSPORTATION.
B. THE COST TO THE SCHOOL DISTRICT OF PROVIDING SUCH REIMBURSEMENT FOR
TRANSPORTATION EXPENSES SHALL BE CONSIDERED FOR THE PURPOSE OF THIS
CHAPTER TO BE A CHARGE UPON THE SCHOOL DISTRICT AND AN ORDINARY CONTIN-
GENT EXPENSE TO THE SCHOOL DISTRICT, SO LONG AS SUCH CHILD OR CHILDREN
SHALL BE OTHERWISE ELIGIBLE FOR THE PROVISION OF TRANSPORTATION PURSUANT
TO THIS SECTION, AND THE PARENT OR GUARDIAN OR ANY REPRESENTATIVE
AUTHORIZED BY SUCH PARENT OR GUARDIAN SHALL HAVE NOTIFIED THE SCHOOL
DISTRICT IN WRITING IN THE SAME MANNER AND UPON THE SAME DATES AS ARE
REQUIRED FOR A REQUEST FOR TRANSPORTATION PURSUANT TO SUBDIVISION TWO OF
THIS SECTION WITH NO OPTION TO REQUEST TRANSPORTATION AT A LATER DATE,
AND SUCH DISTRICTS SHALL BE ENTITLED TO AN APPORTIONMENT FOR PUPIL
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
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