Senate Bill S5784

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

                                  5784

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              June 4, 2009
                               ___________

Introduced  by  Sens.  SAVINO, GOLDEN -- read twice and ordered printed,
  and when printed to be committed to the Committee on Education

AN ACT to amend the education  law,  in  relation  to  reimbursement  of
  certain  transportation  costs provided by the district for public and
  non-public schools

  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  PROVISION  OF  THIS  SECTION  TO  THE
CONTRARY,  ANY  CITY  SCHOOL  DISTRICT  WHICH SHALL BE AIDABLE IN A CITY
HAVING A POPULATION IN EXCESS OF ONE MILLION OR MORE INHABITANTS PROVID-
ING TRANSPORTATION PURSUANT TO THIS CHAPTER  SHALL  BE  RESPONSIBLE  FOR
PAYING  DIRECTLY  TO  PUBLIC AND NON-PUBLIC SCHOOLS THE COST INCURRED BY
PUBLIC AND NON-PUBLIC SCHOOLS  OF  PROVIDING  TRANSPORTATION  FOR  THOSE
CHILDREN  ATTENDING SUCH PUBLIC AND NON-PUBLIC SCHOOLS IN GRADES KINDER-
GARTEN THROUGH SIX WHO REMAIN AT THE SAME  SCHOOL  FOR  WHICH  THEY  ARE
ENROLLED  FOR REGULARLY SCHEDULED ACADEMIC CLASSES 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 KINDERGARTEN THROUGH TWO, AND
AT  LEAST  ONE  MILE  FROM  THEIR  SCHOOL OF ATTENDANCE FOR GRADES THREE
THROUGH SIX.  ALL SUCH TRANSPORTATION FOR CHILDREN IN GRADES  KINDERGAR-
TEN THROUGH GRADE SIX SHALL BE PROVIDED ON SCHOOL BUSES.
  B.  THE  COST  TO  THE  CITY SCHOOL DISTRICT WHICH SHALL BE AIDABLE OF
PROVIDING SUCH TRANSPORTATION SHALL BE CONSIDERED FOR  THE  PURPOSES  OF
THIS  CHAPTER  TO BE A CHARGE UPON THE CITY SCHOOL DISTRICT AND AN ORDI-
NARY CONTINGENT EXPENSE TO THE CITY 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 CITY SCHOOL DISTRICT IN WRITING IN THE SAME MANNER AND UPON

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11629-04-9
              

S. 5784                             2

THE SAME DATES AS ARE REQUIRED FOR A REQUEST FOR TRANSPORTATION PURSUANT
TO SUBDIVISION TWO OF THIS SECTION WITH NO OPTION TO REQUEST TRANSPORTA-
TION STATE AID PURSUANT TO THIS CHAPTER FOR SUCH CHILDREN  IN  THE  SAME
MANNER  AND AT THE SAME RATE AS IF SUCH CHILDREN RECEIVED TRANSPORTATION
SERVICES OTHERWISE AUTHORIZED BY THIS SECTION.
  C. SUCH CITY SCHOOL DISTRICT WHICH  SHALL  BE  AIDABLE  SHALL  NOT  BE
REQUIRED  TO  REIMBURSE  PUBLIC  OR NON-PUBLIC SCHOOLS IN AN AMOUNT THAT
DOES NOT EXCEED THE AMOUNT  SUCH  DISTRICT  WOULD  OTHERWISE  EXPEND  TO
PROVIDE  TRANSPORTATION SERVICES FOR SUCH CHILDREN IF SUCH DISTRICT WERE
PROVIDING TRANSPORTATION DIRECTLY.
  S 2. This act shall take effect July 1, 2009 and shall  apply  to  all
schools in existence as of the date of the start of the 2010-2011 school
year.