senate Bill S2328A

2011-2012 Legislative Session

Requires school bus transportation to students in cities having a population of one million or more

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (12)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to education
returned to senate
died in assembly
Jun 23, 2011 referred to education
delivered to assembly
passed senate
Jun 22, 2011 ordered to third reading cal.1512
committee discharged and committed to rules
Mar 08, 2011 print number 2328a
amend (t) and recommit to finance
Mar 08, 2011 reported and committed to finance
Jan 18, 2011 referred to education

Votes

view votes

Jun 22, 2011 - Rules committee Vote

S2328A
17
2
committee
17
Aye
2
Nay
5
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Rules committee vote details

Mar 8, 2011 - Education committee Vote

S2328
15
0
committee
15
Aye
0
Nay
3
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S2328 - Bill Details

See Assembly Version of this Bill:
A2988A
Current Committee:
Law Section:
Education Law
Laws Affected:
Amd §3635, Ed L

S2328 - Bill Texts

view summary

Requires school bus transportation be provided to students in cities having a population of one million or more.

view sponsor memo
BILL NUMBER:S2328 REVISED 01/26/2011

TITLE OF BILL:
An act
to amend the education law, in relation to requiring school bus
transportation for students in Staten Island

PURPOSE:
This bill will have the department of education of the city of New
York provide transportation to all children residing in Richmond
County to and from the school they legally attend, who are in need of
transportation. Such transportation shall be provided for all
children attending grades three through eight who live more than one
mile from the school they legally attend and for children attending
grades kindergarten through two, and siblings of children attending
grades kindergarten through two who attend grades three and five at
the same school, who live more than one half mile from the school
they legally attend.

JUSTIFICATION:
Staten Island has a severe safety and transportation issue,
specifically in the vicinity of our elementary and intermediate
schools. This is evident by the by the recent enforcement initiative
implemented by the New York City Police Department. Patrol Borough
Staten Island (PBSI) of the NYPD, has been enforcing the hazardous
parking and driving conditions, which endanger our children. The
initiative has specifically targeted, double and triple parking, no
standing, no parking, blocking crosswalks, and passing stopped school
buses.

Last year, the City cut yellow school bus service to about 4,600 7th
and 8th grade students at 70 schools across the five boroughs. Nearly
two-thirds of the students affected by this decision2,940 -live on
Staten Island and attend 47 different schools.

Currently the Department of Education, Office of Pupil Transportation
(OPT) assigns Yellow School Bus Service to eligible students based on
their home's distance from the school. The current criteria for
eligibility are as follows:

Grades K-2 more than.5 miles from their school Grades 3-5 more than 1
mile from their school Grades 7-8 not eligible
OPT also approves variances to otherwise non eligible students. The
variances are currently granted as two main headings, Access
Variances and Hazardous Variances. The Access Variance is granted if
there is not adequate public transportation from the student's home
to their school.
The Hazardous Variances are granted if the student has to walk where
there are predominantly no sidewalks and very dangerous roadways,
which are very difficult to cross.

The focus for Staten Island students is mainly on the Access
Variances. Staten Island Grades K-8 students do not have the same
access to, school via public transportation, as the other four
boroughs of NYS. Staten Island is the largest geographical school
district in NYS. District 31 has 57,469 students enrolled in grades


K-8, second only to District 2 in Manhattan, which is heavily
populated multiple trains and bus options, unlike District 31.

This legislation would allow students in grade 7 and 8 yellow bus
service equal to that of current grade 6 eligibility, which require a
residence distance of more. This would be a District 31 wide Access
Variance for all 7th and 8th grade students due to lack of adequate
public transportation.

Grade K-2 are eligible for yellow bus service when they live
more than .5 miles away from school, yet, siblings in grades 3-5
are not eligible for the yellow bus service. Currently parents
with children
in different grades do not utilize the bus service because the older
child is not eligible. The Sibling Variance will help to improve
safety by minimizing personal automobiles used as transportation to
school.

According to a 2006 study conducted by the NYC Department of City
Planning, Staten Island's population will grow to 552,000 by 2030
from today's 483,000. This reflects a 24.4% growth from 2000. Staten
Island is projected to see a growth of 8% of grades K-8 students,
during this same time period. It is anticipated that Staten Island
will represent 6.5% of NYC's population, but will have 16% of NYC's
registered vehicles. This will result in even more hazardous
conditions near Staten Island schools. Not only will expanded yellow
school bus service improve student access to their respective school,
it will help reduce traffic congestion by removing excess private
vehicles from our roads. A National School Transportation Association
study revealed that approximately 800 student fatalities occur yearly
in private vehicles in route to school, compared to 20 student
fatalities yearly that occur when yellow buses are used to travel to
school.

LEGISLATIVE HISTORY:
2010: S.7059 - Referred to Education/A.10124 - Referred to Education.

FISCAL IMPLICATIONS:
Undetermined.

EFFECTIVE DATE:
This act shall take effect immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2328

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 18, 2011
                               ___________

Introduced by Sens. LANZA, SAVINO -- 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 requiring school bus
  transportation for students in Staten Island

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  1  of  section  3635 of the education law is
amended by adding a new paragraph c-1 to read as follows:
  C-1. NOTWITHSTANDING THE PROVISIONS OF THIS SECTION, THE DEPARTMENT OF
EDUCATION OF THE CITY OF NEW YORK SHALL PROVIDE  TRANSPORTATION  TO  ALL
CHILDREN  RESIDING  WITHIN THE COUNTY OF RICHMOND TO AND FROM THE SCHOOL
THEY LEGALLY ATTEND, WHO ARE IN NEED OF SUCH TRANSPORTATION. SUCH TRANS-
PORTATION SHALL BE PROVIDED FOR  ALL  CHILDREN  ATTENDING  GRADES  THREE
THROUGH  EIGHT  WHO LIVE MORE THAN ONE MILE FROM THE SCHOOL THEY LEGALLY
ATTEND AND FOR CHILDREN ATTENDING GRADES KINDERGARTEN THROUGH  TWO,  AND
SIBLINGS  OF  CHILDREN  ATTENDING  GRADES  KINDERGARTEN  THROUGH TWO WHO
ATTEND GRADES THREE THROUGH FIVE AT THE SAME SCHOOL, WHO LIVE MORE  THAN
ONE HALF MILE FROM THE SCHOOL THEY LEGALLY ATTEND.
  S 2. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04789-03-1

Co-Sponsors

S2328A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A2988A
Current Committee:
Law Section:
Education Law
Laws Affected:
Amd §3635, Ed L

S2328A (ACTIVE) - Bill Texts

view summary

Requires school bus transportation be provided to students in cities having a population of one million or more.

view sponsor memo
BILL NUMBER:S2328A

TITLE OF BILL:
An act
to amend the education law, in relation to requiring school bus
transportation for students in cities having a population of one
million or more

PURPOSE:
This bill will have the Department of Education of the City of New
York provide transportation to all children residing in the City to
and from the school they legally attend, who are in need of
transportation. Such transportation shall be provided for all
children attending grades three through eight who live more than one
mile from the school they legally attend and for children attending
grades kindergarten through two, and siblings of children attending
grades kindergarten through two who attend grades three and five at
the same school, who live more than one half mile from the school
they legally attend.

JUSTIFICATION:
This bill would require the City of New York to provide yellow school
bus transportation to be provided for all children attending grades
three through eight who live more than one mile from the school they
legally attend and for children attending grades kindergarten through
two, and siblings of children attending grades kindergarten through
two who attend grades three and five at the same school, who live
more than one half mile from the school they legally attend.

For example, Staten Island has a severe safety and transportation
issue, specifically in the vicinity of our elementary and
intermediate schools. This is evident by the by the recent
enforcement initiative implemented by the New York City police
Department. Patrol Borough Staten Island (PBSI) of the NYPD, has been
enforcing the hazardous parking and driving conditions, which
endanger our children. The initiative has specifically targeted,
double and triple parking, no standing, no parking, blocking
crosswalks, and passing stopped school buses.

Currently the Department of Education, Office of Pupil Transportation
(OPT) assigns Yellow School Bus Service to eligible students based on
their home's distance from the school. The current criteria for
eligibility are as follows:

Grades K-2 more than .5 miles from their school.
Grades 3-5 more than 1 mile from their school.
Grades 7-8 not eligible.

OPT also approves variances to otherwise non eligible students. The
variances are currently granted as two main headings, Access
Variances and Hazardous Variances. The Access Variance is granted if
there is not adequate public transportation from the student's home
to their school.
The Hazardous Variances are granted if the student has to walk where
there are predominantly no sidewalks and very dangerous roadways,
which are very difficult to cross.


The focus for Staten Island students is mainly on the Access
Variances. Staten Island Grades K-8 students do not have the same
access to, school via public transportation, as the other four
boroughs of NYS. Staten Island is the largest geographical school
district in NYS. District 31 has 57,469 students enrolled in grades
K-8, second only to District 2 in Manhattan, which is heavily
populated multiple trains and bus options, unlike District 31.

This legislation would allow students in grade 7 and 8 yellow bus
service equal to that of current grade 6 eligibility, which require a
residence distance of more. This would be a District 31 wide Access
Variance for all 7th and 8th grade students due to lack of adequate
public transportation.

Grade K-2 are eligible for yellow bus service when they live more
than .5 miles away from school, yet, siblings in grades 3-5 are not
eligible for the yellow bus service. Currently parents with children
in different grades do not utilize the bus service because the older
child is not eligible. The Sibling Variance will help to improve
safety by minimizing personal automobiles used as transportation to
school.

According to a 2006 study conducted by the NYC Department of City
Planning, Staten Island's population will grow to 552,000 by 2030
from today's 483,000. This reflects a 24.4% growth from 2000. Staten
Island is projected to see a growth of 8% of grades K-8 students,
during this same time period. It is anticipated that Staten Island
will represent 6.5% of NYC's population, but will have 16% of NYC's
registered vehicles. This will result in even more hazardous
conditions near Staten Island schools. Not only will expanded yellow
school bus service improve student access to their respective school,
it will help reduce traffic congestion by removing excess private
vehicles from our roads. A National School Transportation Association
study revealed that approximately 800 student fatalities occur yearly
in private vehicles in route to school, compared to 20 student
fatalities yearly that occur when yellow buses are used to travel to
school.

LEGISLATIVE HISTORY:
2010: S.7059 - Referred to Education/A.10124 - Referred to Education.

FISCAL IMPLICATIONS:
Undetermined.

EFFECTIVE DATE:
This act shall take effect immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2328--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 18, 2011
                               ___________

Introduced  by  Sens.  LANZA,  ADDABBO, AVELLA, SAVINO -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Education  --  reported favorably from said committee and committed to
  the Committee  on  Finance  --  committee  discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

AN  ACT  to amend the education law, in relation to requiring school bus
  transportation for students in  cities  having  a  population  of  one
  million or more

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 of section  3635  of  the  education  law  is
amended by adding a new paragraph c-1 to read as follows:
  C-1. NOTWITHSTANDING THE PROVISIONS OF THIS SECTION, THE DEPARTMENT OF
EDUCATION OF EVERY CITY HAVING A POPULATION OF ONE MILLION OR MORE SHALL
PROVIDE  TRANSPORTATION TO ALL CHILDREN RESIDING WITHIN SUCH CITY TO AND
FROM THE SCHOOL THEY LEGALLY ATTEND, WHO ARE IN NEED OF SUCH TRANSPORTA-
TION. SUCH TRANSPORTATION SHALL BE PROVIDED FOR ALL  CHILDREN  ATTENDING
GRADES  THREE  THROUGH EIGHT WHO LIVE MORE THAN ONE MILE FROM THE SCHOOL
THEY LEGALLY ATTEND  AND  FOR  CHILDREN  ATTENDING  GRADES  KINDERGARTEN
THROUGH  TWO,  AND  SIBLINGS  OF  CHILDREN ATTENDING GRADES KINDERGARTEN
THROUGH TWO WHO ATTEND GRADES THREE THROUGH FIVE AT THE SAME SCHOOL, WHO
LIVE MORE THAN ONE HALF MILE FROM THE SCHOOL THEY LEGALLY ATTEND.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04789-04-1

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