S T A T E   O F   N E W   Y O R K
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                                  6172

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 26, 2009
                               ___________

Introduced by M. of A. HOOPER -- Multi-Sponsored by -- M. of A. PHEFFER,
  J. RIVERA,  ZEBROWSKI  --  read  once and referred to the Committee on
  Education

AN ACT to amend the education law, in relation to the transportation  of
  children residing in a school district

  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 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
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. Transporta-
tion for a lesser distance than  two  miles  in  the  case  of  children
attending  grades  kindergarten 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 provided by the district, and, if
provided, shall be offered equally to all children in like circumstances

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08747-01-9
              

A. 6172                             2

residing in the district AND MAY, UPON A RESOLUTION ADOPTED BY THE BOARD
OF EDUCATION AND FOR A PERIOD OF TIME AS APPROVED BY THE BOARD OF EDUCA-
TION, BE PROVIDED FOR SUCH LESSER  DISTANCES  BASED  UPON  SUCH  BOARD'S
DETERMINATION  THAT  THE  PARENT OR GUARDIAN OF A CHILD IS NONAMBULATORY
AND UNABLE TO ACCOMPANY THE CHILD TO OR FROM SCHOOL; 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 July next succeeding
the date on which it shall have become a law.