senate Bill S2402A

2011-2012 Legislative Session

Increases mileage limit within which transportation for school children will be provided, including to nonpublic schools

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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

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 09, 2012 print number 2402a
amend and recommit to education
Jan 04, 2012 referred to education
Jan 19, 2011 referred to education

Bill Amendments

Original
A (Active)
Original
A (Active)

S2402 - Bill Details

See Assembly Version of this Bill:
A3966A
Current Committee:
Law Section:
Education Law
Laws Affected:
Amd §3635, Ed L
Versions Introduced in 2009-2010 Legislative Session:
S653, A2328

S2402 - Bill Texts

view summary

Increases the maximum mileage limitation for the transportation of children by school districts to and from school from 15 to 25 miles, the cost thereof is to be treated as an ordinary contingent expense; provides for transportation of pupils to nonpublic schools from such students' homes, applies to transportation whether such nonpublic school is within or without the school district.

view sponsor memo
BILL NUMBER:S2402

TITLE OF BILL:
An act
to amend the education law, in relation to the transportation of
children residing in a school district

PURPOSE:
This bill increases the distances in which
non-public school
pupils must be transported to his or her school. 'The bill assists
pupils and their families by encouraging the provision of
transportation of pupils to non-public schools from the home of such
pupil regardless of whether such non-public school is within such
district.

SUMMARY OF PROVISIONS:
Section 1: Amends Education Law section 3635(1) to increase from 15
miles to 25 miles the distance in which a non-public school pupil
must be transported to school. In addition, the bill adds a new
section 3635(1)(b)(iii) to provide transportation of pupils to a
non-public school from the home of such pupil, regardless if such
school is within the district.

EXISTING LAW:
The current law does not meet the ever
evolving demands
of children that need to be transported to non-public schools.

JUSTIFICATION:
This bill will better address the
transportation
requirements of all secondary pupils with this State and facilitate
their ability to be transported to school.

LEGISLATIVE HISTORY:
S.6997 of 2001, S.1995 of 2003/2004, and S.434 of
2005/2006, S.226 of 2007/2008, S.653 of 2009/2010

FISCAL IMPLICATIONS:
To be determined.

LOCAL FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
The first of July next succeeding the date upon which
it shall have become law.

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

                                  2402

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 19, 2011
                               ___________

Introduced  by  Sen.  LARKIN -- 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 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. Paragraphs a, b and e of subdivision 1 of section  3635  of
the  education  law, paragraph a as amended by chapter 69 of the laws of
1992, paragraph b as amended by chapter 718 of the laws of 1990, subpar-
agraph (i) of paragraph b as amended by chapter 571 of the laws of  1994
and  paragraph  e  as  amended  by  chapter 665 of the laws of 1990, are
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]
TWENTY-FIVE 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] TWENTY-FIVE 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. Transportation 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01825-01-1

S. 2402                             2

through  twelve  and  for  a greater distance than [fifteen] TWENTY-FIVE
miles may be provided by  the  district,  and,  if  provided,  shall  be
offered  equally  to  all children in like circumstances residing in the
district;  provided,  however,  that this requirement shall not apply to
transportation offered pursuant to section  thirty-six  hundred  thirty-
five-b of this article.
  b. (i) School districts providing transportation to a nonpublic school
for  pupils  living  within  a specified distance from such school shall
designate one or more public schools as centralized pick-up  points  and
shall  provide  transportation  between  such  points and such nonpublic
schools for students residing in the district who live too far from such
nonpublic schools to qualify for transportation between home and school.
The district shall not be responsible for the provision  of  transporta-
tion  for  pupils  between  their  home  and  such pick-up points.   The
district may provide school bus transportation to a pupil if  the  resi-
dence  of the pupil is located on an established route for the transpor-
tation of pupils to the centralized pick-up point provided  such  trans-
portation does not result in additional costs to the district.  The cost
of providing transportation between such pick-up points and such nonpub-
lic schools shall be an ordinary contingent expense.
  (ii)  A board of education may, at its discretion, provide transporta-
tion for pupils residing within  the  district  to  a  nonpublic  school
located  more than [fifteen] TWENTY-FIVE miles from the home of any such
pupil provided that  such  transportation  has  been  provided  to  such
nonpublic  school  pursuant  to  this subdivision in at least one of the
immediately preceding three school  years  and  such  transportation  is
provided from one or more centralized pick-up points designated pursuant
to  this paragraph and that the distance from such pick-up points to the
nonpublic school is not  more  than  [fifteen]  TWENTY-FIVE  miles.  The
district  shall  not  be responsible for the provision of transportation
for pupils between pupils homes and such pick-up  points.  The  cost  of
providing  transportation between such pick-up points and such nonpublic
schools shall be an ordinary contingent expense.
  (III) A BOARD OF EDUCATION SHALL  PROVIDE  TRANSPORTATION  FOR  PUPILS
RESIDING  WITHIN  THE  DISTRICT  WHO  ARE NOT ENTITLED TO TRANSPORTATION
PURSUANT TO SUBPARAGRAPH (I) OR (II) OF  THIS  PARAGRAPH  OR  ANY  OTHER
PROVISION  OF  THIS  CHAPTER TO A NONPUBLIC SCHOOL FROM THE HOME OF SUCH
PUPIL, REGARDLESS OF WHETHER SUCH NONPUBLIC SCHOOL IS WITHIN OR  WITHOUT
SUCH DISTRICT.
  e.  In  lieu  of the transportation provided pursuant to the foregoing
provisions of this  subdivision,  a  board  of  education  may,  at  its
discretion, provide transportation to any child attending grades kinder-
garten  through  eight between the school such child legally attends and
before-and/or-after-school child care locations.  For  the  purposes  of
this subdivision, a before-and/or-after-school child care location shall
mean  a  place,  other  than  the child's home, where care for less than
twenty-four hours a day is provided on a regular basis for a  child  who
attends  school  within the school district, provided that such place is
situated within the school district. This definition  includes,  but  is
not  limited  to,  a  variety  of  child  care services such as day care
centers, family day care homes and in-home care by non-relatives.   Such
transportation  may be provided for children attending grades kindergar-
ten through eight where the distance between  the  school  they  legally
attend  and before-and/or-after-school child care locations is more than
two miles, and may be provided for up to a distance of  [fifteen]  TWEN-
TY-FIVE  miles,  the distance in each case being measured by the nearest

S. 2402                             3

available route from before-and/or-after-school child care locations  to
the  school they legally attend, except that transportation for a lesser
distance than two miles or a greater distance than [fifteen] TWENTY-FIVE
miles  may  be provided if transportation for such distances is provided
to students between home and school. Where a child receives  transporta-
tion  from  a  before-school child care location to the school he or she
legally attends, such child shall be entitled to receive  transportation
from  the  school  he or she legally attends to his or her home or to an
after-school child care location in accordance  with  this  subdivision.
Where  a child receives transportation from the school he or she legally
attends to an after-school child care  location,  such  child  shall  be
entitled  to  receive  transportation  from home to the school he or she
legally attends in accordance with this subdivision. Transportation  may
be  provided  to  any  child attending grades kindergarten through eight
between the school the child legally  attends  and  before-and/or-after-
school  child care locations upon written request of the parent or legal
guardian submitted not later than the first day of April  preceding  the
next school year, provided, however, a parent or guardian of a child not
residing  in  the  district  on such date shall submit a written request
within thirty days after establishing  residence  in  the  district  and
provided further that in order to be considered eligible for such trans-
portation  in  the  nineteen  hundred  eighty-seven--eighty-eight school
year, such request must be submitted by August first,  nineteen  hundred
eighty-seven.  The provision of transportation to or from before-and/or-
after-school child care locations, if provided, shall be offered equally
to all children in like circumstances residing in the district, provided
that a board of education furnishing  transportation  pursuant  to  this
paragraph  may  limit the provision of such transportation to child care
locations located within the attendance zone of  the  school  the  child
attends,  and    to  child  day  care  centers and school age child care
programs licensed or registered pursuant to section three hundred ninety
of the social services law located anywhere within the school  district.
The cost of providing such transportation between two or three miles, as
the case may be, and [fifteen] TWENTY-FIVE miles shall be considered for
the  purposes  of  this  chapter  to be a charge upon the district. Such
substitute transportation expense shall be eligible  for  state  aid  in
accordance  with  clause  one  of  paragraph  b  of subdivision seven of
section thirty-six hundred two of this chapter. Nothing in this subdivi-
sion shall be construed to impose a duty upon  boards  of  education  to
provide  transportation to or from before-and/or-after-school child care
locations. Nothing in this subdivision shall be construed  to  authorize
boards  of  education  to  provide to any child transportation between a
before-and/or-after-school day care location and that child's home.
  S 2. This act shall take effect on the first of July  next  succeeding
the date on which it shall have become a law.

Co-Sponsors

S2402A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A3966A
Current Committee:
Law Section:
Education Law
Laws Affected:
Amd §3635, Ed L
Versions Introduced in 2009-2010 Legislative Session:
S653, A2328

S2402A (ACTIVE) - Bill Texts

view summary

Increases the maximum mileage limitation for the transportation of children by school districts to and from school from 15 to 25 miles, the cost thereof is to be treated as an ordinary contingent expense; provides for transportation of pupils to nonpublic schools from such students' homes, applies to transportation whether such nonpublic school is within or without the school district.

view sponsor memo
BILL NUMBER:S2402A

TITLE OF BILL:
An act
to amend the education law, in relation to the transportation of
children residing in a school district

PURPOSE:
This bill increases the distances in which non-public school pupils
must be transported to his or her school. The bill assists pupils and
their families by encouraging the provision of transportation of
pupils to non-public schools from the home of such pupil regardless
of whether such non-public school is within such district.

SUMMARY OF PROVISIONS:
Section 1: Amends Education Law section 3635(1) to increase from 15
miles to 25 miles the distance in which a non-public school pupil
must be transported to school. In addition, the bill adds a new
section 3635(1)(b)(iii) to provide transportation of pupils to a
non-public school from the home of such pupil, regardless if such
school is within the district.

EXISTING LAW:
The current law does not meet the ever evolving demands of children
that need to be transported to non-public schools.

JUSTIFICATION:
This bill will better address the transportation requirements of all
secondary pupils with this State and facilitate their ability to be
transported to school.

LEGISLATIVE HISTORY:
S.6997 of 2001
S.1995 of 2003/2004
S.434 of 2005/2006
S.226 of 2007/2008
S.653 of 2009/2010

FISCAL IMPLICATIONS:
To be determined.

LOCAL FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
The first of July next succeeding the date upon which it shall have
become law.

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

                                 2402--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 19, 2011
                               ___________

Introduced  by  Sen.  LARKIN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Education  --  recommitted
  to the Committee on Education in accordance with Senate Rule 6, sec. 8
  --  committee  discharged,  bill amended, ordered reprinted as amended
  and recommitted to said committee

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. Paragraphs a, b and e of subdivision 1 of section  3635  of
the  education  law,  paragraph  a as amended by section 11 of part A of
chapter 97 of the laws of 2011, paragraph b as amended by chapter 718 of
the laws of 1990, subparagraph (i) of paragraph b as amended by  chapter
571 of the laws of 1994 and paragraph e as amended by chapter 665 of the
laws of 1990, are 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]
TWENTY-FIVE  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] TWENTY-FIVE miles shall be considered for the purposes of this
chapter to be a charge upon the  district  and  an  ordinary  contingent

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01825-02-1

S. 2402--A                          2

expense  of  the district. Transportation 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] TWENTY-FIVE
miles may be provided by the district with the approval of the qualified
voters, and, if provided, shall be offered equally to  all  children  in
like  circumstances  residing  in  the district; provided, however, that
this requirement shall not apply to transportation offered  pursuant  to
section thirty-six hundred thirty-five-b of this article.
  b. (i) School districts providing transportation to a nonpublic school
for  pupils  living  within  a specified distance from such school shall
designate one or more public schools as centralized pick-up  points  and
shall  provide  transportation  between  such  points and such nonpublic
schools for students residing in the district who live too far from such
nonpublic schools to qualify for transportation between home and school.
The district shall not be responsible for the provision  of  transporta-
tion  for  pupils  between  their  home  and  such pick-up points.   The
district may provide school bus transportation to a pupil if  the  resi-
dence  of the pupil is located on an established route for the transpor-
tation of pupils to the centralized pick-up point provided  such  trans-
portation does not result in additional costs to the district.  The cost
of providing transportation between such pick-up points and such nonpub-
lic schools shall be an ordinary contingent expense.
  (ii)  A board of education may, at its discretion, provide transporta-
tion for pupils residing within  the  district  to  a  nonpublic  school
located  more than [fifteen] TWENTY-FIVE miles from the home of any such
pupil provided that  such  transportation  has  been  provided  to  such
nonpublic  school  pursuant  to  this subdivision in at least one of the
immediately preceding three school  years  and  such  transportation  is
provided from one or more centralized pick-up points designated pursuant
to  this paragraph and that the distance from such pick-up points to the
nonpublic school is not  more  than  [fifteen]  TWENTY-FIVE  miles.  The
district  shall  not  be responsible for the provision of transportation
for pupils between pupils homes and such pick-up  points.  The  cost  of
providing  transportation between such pick-up points and such nonpublic
schools shall be an ordinary contingent expense.
  (III) A BOARD OF EDUCATION SHALL  PROVIDE  TRANSPORTATION  FOR  PUPILS
RESIDING  WITHIN  THE  DISTRICT  WHO  ARE NOT ENTITLED TO TRANSPORTATION
PURSUANT TO SUBPARAGRAPH (I) OR (II) OF  THIS  PARAGRAPH  OR  ANY  OTHER
PROVISION  OF  THIS  CHAPTER TO A NONPUBLIC SCHOOL FROM THE HOME OF SUCH
PUPIL, REGARDLESS OF WHETHER SUCH NONPUBLIC SCHOOL IS WITHIN OR  WITHOUT
SUCH DISTRICT.
  e.  In  lieu  of the transportation provided pursuant to the foregoing
provisions of this  subdivision,  a  board  of  education  may,  at  its
discretion, provide transportation to any child attending grades kinder-
garten  through  eight between the school such child legally attends and
before-and/or-after-school child care locations.  For  the  purposes  of
this subdivision, a before-and/or-after-school child care location shall
mean  a  place,  other  than  the child's home, where care for less than
twenty-four hours a day is provided on a regular basis for a  child  who
attends  school  within the school district, provided that such place is
situated within the school district. This definition  includes,  but  is
not  limited  to,  a  variety  of  child  care services such as day care
centers, family day care homes and in-home care by non-relatives.   Such
transportation  may be provided for children attending grades kindergar-
ten through eight where the distance between  the  school  they  legally

S. 2402--A                          3

attend  and before-and/or-after-school child care locations is more than
two miles, and may be provided for up to a distance of  [fifteen]  TWEN-
TY-FIVE  miles,  the distance in each case being measured by the nearest
available  route from before-and/or-after-school child care locations to
the school they legally attend, except that transportation for a  lesser
distance than two miles or a greater distance than [fifteen] TWENTY-FIVE
miles  may  be provided if transportation for such distances is provided
to students between home and school. Where a child receives  transporta-
tion  from  a  before-school child care location to the school he or she
legally attends, such child shall be entitled to receive  transportation
from  the  school  he or she legally attends to his or her home or to an
after-school child care location in accordance  with  this  subdivision.
Where  a child receives transportation from the school he or she legally
attends to an after-school child care  location,  such  child  shall  be
entitled  to  receive  transportation  from home to the school he or she
legally attends in accordance with this subdivision. Transportation  may
be  provided  to  any  child attending grades kindergarten through eight
between the school the child legally  attends  and  before-and/or-after-
school  child care locations upon written request of the parent or legal
guardian submitted not later than the first day of April  preceding  the
next school year, provided, however, a parent or guardian of a child not
residing  in  the  district  on such date shall submit a written request
within thirty days after establishing  residence  in  the  district  and
provided further that in order to be considered eligible for such trans-
portation  in  the  nineteen  hundred  eighty-seven--eighty-eight school
year, such request must be submitted by August first,  nineteen  hundred
eighty-seven.  The provision of transportation to or from before-and/or-
after-school child care locations, if provided, shall be offered equally
to all children in like circumstances residing in the district, provided
that a board of education furnishing  transportation  pursuant  to  this
paragraph  may  limit the provision of such transportation to child care
locations located within the attendance zone of  the  school  the  child
attends,  and    to  child  day  care  centers and school age child care
programs licensed or registered pursuant to section three hundred ninety
of the social services law located anywhere within the school  district.
The cost of providing such transportation between two or three miles, as
the case may be, and [fifteen] TWENTY-FIVE miles shall be considered for
the  purposes  of  this  chapter  to be a charge upon the district. Such
substitute transportation expense shall be eligible  for  state  aid  in
accordance  with  clause  one  of  paragraph  b  of subdivision seven of
section thirty-six hundred two of this chapter. Nothing in this subdivi-
sion shall be construed to impose a duty upon  boards  of  education  to
provide  transportation to or from before-and/or-after-school child care
locations. Nothing in this subdivision shall be construed  to  authorize
boards  of  education  to  provide to any child transportation between a
before-and/or-after-school day care location and that child's home.
  S 2. Paragraph a of subdivision 1 of section  3635  of  the  education
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

S. 2402--A                          4

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]
TWENTY-FIVE 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] TWENTY-FIVE 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. Transportation 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] TWENTY-FIVE
miles may be provided by  the  district,  and,  if  provided,  shall  be
offered  equally  to  all children in like circumstances residing in the
district; provided, however, that this requirement shall  not  apply  to
transportation  offered  pursuant  to section thirty-six hundred thirty-
five-b of this article.
  S 3. This act shall take effect on the first of July  next  succeeding
the  date on which it shall have become a law; provided, that the amend-
ments to paragraph a of subdivision 1 of section 3635 of  the  education
law,  made  by  section one of this act, shall not affect the expiration
and reversion of such paragraph and shall be deemed repealed  therewith,
when upon such date section two of this act shall take effect.

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