S T A T E O F N E W Y O R K
________________________________________________________________________
4760
2011-2012 Regular Sessions
I N A S S E M B L Y
February 7, 2011
___________
Introduced by M. of A. WEISENBERG -- read once and referred to the
Committee on Education
AN ACT to amend the education law, in relation to permitting boards of
education to grant parents or guardians, physically limited by a disa-
bility, the ability to obtain bus services for their children
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. (I) 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 transporta-
tion 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.
LBD00468-01-1
A. 4760 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 HAS A PHYSICALLY
LIMITING DISABILITY WHICH RENDERS HIM OR HER 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.
(II) PROOF OF A PHYSICALLY LIMITING DISABILITY WHICH RENDERS A PARENT
OR GUARDIAN OF A CHILD UNABLE TO ACCOMPANY THE CHILD TO OR FROM SCHOOL
SHALL BE CERTIFIED BY A DOCTOR IN A FORM TO BE PRESCRIBED BY THE DEPART-
MENT.
S 2. This act shall take effect on the first of July next succeeding
the date on which it shall have become a law.