S T A T E O F N E W Y O R K
________________________________________________________________________
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
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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.