S T A T E O F N E W Y O R K
________________________________________________________________________
5488
2009-2010 Regular Sessions
I N A S S E M B L Y
February 13, 2009
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Introduced by M. of A. HIKIND, CYMBROWITZ, JACOBS, PHEFFER, LENTOL,
COLTON, COOK, BENEDETTO, CAMARA -- Multi-Sponsored by -- M. of A.
BRENNAN, BROOK-KRASNY, MAISEL, MENG, TITONE, TOWNS, WEINSTEIN -- read
once and referred to the Committee on Education
AN ACT to amend the education law, in relation to reimbursement of
certain transportation costs provided by parents 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. ANY OTHER PROVISION OF THIS SECTION TO THE CONTRARY NOTWITHSTAND-
ING, THE PARENT OR GUARDIAN OF A CHILD OR CHILDREN MAY ELECT TO PROVIDE
TRANSPORTATION OTHERWISE AUTHORIZED OR DIRECTED BY THIS CHAPTER, TO ONE
OR MORE OF SUCH CHILDREN IN THE CASE WHERE ONE OR MORE CHILDREN IN
GRADES KINDERGARTEN THROUGH SIXTH GRADE REMAIN AT SCHOOL FOR REGULARLY
SCHEDULED ACADEMIC CLASSES, EXCLUDING ACADEMIC CLASSES GIVEN ON THE
SCHOOL PREMISES BY AN ORGANIZATION INDEPENDENT FROM THE SCHOOL, UNTIL
FIVE O'CLOCK IN THE AFTERNOON, OR LATER, ON WEEKDAYS, AND RESIDE AT
LEAST ONE-HALF MILE FROM THEIR SCHOOL OF ATTENDANCE FOR GRADES KINDER-
GARTEN THROUGH TWO, AND AT LEAST ONE MILE FROM THEIR SCHOOL OF ATTEND-
ANCE FOR GRADES THREE THROUGH SIX. IN SUCH A CASE, THE AVERAGE PER DIEM
COST OF THE PARENTS PROVISION OF SUCH TRANSPORTATION SHALL BE CONSIDERED
FOR THE PURPOSES OF THIS CHAPTER TO BE A CHARGE UPON THE DISTRICT AND AN
ORDINARY CONTINGENT EXPENSE OF THE 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 REPRESEN-
TATIVE 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, AND SHALL COMMIT TO TRANSPORTING THE CHILD IN SUCH
MANNER EVERY SCHOOL DAY OF THE SCHOOL WEEK, PROVIDED, HOWEVER, THAT
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07052-01-9
A. 5488 2
THERE SHALL BE NO OPTION TO REQUEST TRANSPORTATION AT A LATER DATE AND
FURTHER PROVIDED, HOWEVER, THAT THIS SUBDIVISION SHALL ONLY APPLY TO THE
CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK, AND FURTHER PROVIDED THAT
TRANSPORTATION FOR A LESSER DISTANCE OR AN EARLIER TIME THAN SPECIFIED
IN THIS SUBDIVISION MAY BE PROVIDED BY SUCH DISTRICT, AND, IF PROVIDED,
SHALL BE OFFERED EQUALLY TO ALL CHILDREN IN LIKE CIRCUMSTANCES RESIDING
IN THE DISTRICT. IF THE REQUIREMENTS OF THIS SUBDIVISION HAVE BEEN MET,
THE SCHOOL DISTRICT SHALL BE RESPONSIBLE FOR PAYING FOR SUCH TRANSPORTA-
TION, AND SUCH EXPENSES SHALL BE DEEMED AN ACTUAL EXPENDITURE BY THE
SCHOOL DISTRICT AND SUCH DISTRICT SHALL BE ENTITLED TO AN APPORTIONMENT
FOR PUPIL TRANSPORTATION STATE AID PURSUANT TO THIS CHAPTER FOR SUCH
CHILD OR CHILDREN IN THE SAME MANNER AND AT THE SAME RATE AS IF SUCH
CHILD OR CHILDREN RECEIVED TRANSPORTATION SERVICES OTHERWISE AUTHORIZED
BY THIS SECTION.
S 2. Any other provision of any other law to the contrary notwith-
standing, the school district of the city of New York may implement a
pilot program to provide transportation services as set forth in subdi-
vision 8 of section 3635 of the education law as added by section one of
this act, provided, however that the notification provisions contained
in such subdivision shall not be applicable to such pilot program.
S 3. This act shall take effect immediately and shall apply to trans-
portation expenses incurred in school years beginning on and after July
1, 2011.