S T A T E O F N E W Y O R K
________________________________________________________________________
5119
2009-2010 Regular Sessions
I N A S S E M B L Y
February 10, 2009
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Introduced by M. of A. GIGLIO, FINCH -- Multi-Sponsored by -- M. of A.
BURLING, MILLER, SAYWARD -- read once and referred to the Committee on
Education
AN ACT to amend the education law, in relation to transportation of
children in kindergarten and grade one
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. 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 AND ONE
WHO LIVE MORE THAN ONE-HALF MILE FROM THE SCHOOL WHICH THEY LEGALLY
ATTEND, GRADES TWO 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 ONE-HALF, 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. Transportation for a lesser distance than two
miles in the case of children attending grades [kindergarten] TWO
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05126-01-9
A. 5119 2
provided by the district, 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 transportation offered
pursuant to section thirty-six hundred thirty-five-b of this article.
S 2. This act shall take effect on the first of September next
succeeding the date on which it shall have become a law.