senate Bill S4434A

2011-2012 Legislative Session

Enacts the school bus mandate relief act

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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 04, 2012 referred to education
returned to senate
died in assembly
Jun 17, 2011 referred to education
delivered to assembly
passed senate
May 04, 2011 amended on third reading (t) 4434a
May 02, 2011 advanced to third reading
Apr 13, 2011 2nd report cal.
Apr 12, 2011 1st report cal.369
Apr 05, 2011 referred to education

Votes

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Bill Amendments

Original
A (Active)
Original
A (Active)

S4434 - Bill Details

See Assembly Version of this Bill:
A6821A
Current Committee:
Law Section:
Education Law
Laws Affected:
Amd §3635, Ed L

S4434 - Bill Texts

view summary

Enacts the school bus mandate relief act authorizing school districts, in their discretion, to provide student transportation based upon patterns of actual ridership.

view sponsor memo
BILL NUMBER:S4434

TITLE OF BILL:
An act
to amend the education law, in relation to enacting the school bus
mandate relief act authorizing school boards to reduce the number of
seats provided for student transportation

PURPOSE:
This bill would allow school boards to reduce the number of
seats available to pupils on School buses, if there is a consistent
three year pattern of eligible pupils not taking the school bus to
school provided by the school district.

SUMMARY OF PROVISIONS:
Section 1 - Creates the title of the bill, "The School Bus Mandate
Relief Act.n

Section 2 - Adds Subdivision 8.a. § 3635 of the Education, to allow
the board of education of a school district to reduce the number of
seats available on school transportation provided by the district, if
there is a documented history of the actual number of riders in each
of the preceding three years showing a consistent pattern of eligible
pupils not using the transportation provided by the district. The
available capacity cannot be less then one hundred and twenty percent
of the maximum riders during this three year period.

Subdivision 8.b, of the bill states that if the school district, with
the consent of the board of education, enacts the policy authorized
in the previous subdivision. The school board must file the
documented history of the actual number of riders in each of the
preceding three years with the State Board of Education.

Section 3 - Sets is the enacting date.

JUSTIFICATION:
Many school districts have complained that they are
required to provide under existing law many more seats on bus
transportation that are actually needed as evidenced by student
ridership.
Schools are experiencing budget cuts and more pressure than ever to
save money and seek efficiencies. This bill provides mandate relief
in an area that is of high cost to school districts, namely
transportation.

LEGISLATIVE HISTORY:
This is a new bill.

FISCAL IMPLICATIONS:
None to the state.

EFFECTIVE DATE:
This act shall take effect immediately.


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

                                  4434

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              April 5, 2011
                               ___________

Introduced  by  Sen. MARTINS -- 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  enacting  the  school
  bus  mandate relief act authorizing school boards to reduce the number
  of seats provided for student transportation

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

  Section 1. This act shall be known and may be cited as the "school bus
mandate relief act".
  S  2.  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 LAW, RULE, OR REGULATION,
THE BOARD OF EDUCATION OF A SCHOOL DISTRICT MAY, AT  THE  DISCRETION  OF
THE  BOARD,  BASED  UPON  A  DOCUMENTED  HISTORY OF THE ACTUAL NUMBER OF
RIDERS IN EACH OF THE PRECEDING THREE YEARS SHOWING A CONSISTENT PATTERN
OF  ELIGIBLE  PUPILS  NOT  USING  THE  TRANSPORTATION  PROVIDED  BY  THE
DISTRICT, ENACT A POLICY TO PROVIDE STUDENT TRANSPORTATION WITH A CAPAC-
ITY  OF  NOT  LESS THAN ONE HUNDRED TWENTY PERCENT OF THE MAXIMUM ACTUAL
NUMBER OF RIDERS DURING SUCH THREE YEAR PERIOD.
  B. THE DOCUMENTED HISTORY OF THE ACTUAL NUMBER OF RIDERS  IN  EACH  OF
THE  PRECEDING  THREE  YEARS  OF  ANY SCHOOL DISTRICT WHERE THE BOARD OF
EDUCATION HAS ENACTED THE POLICY  AUTHORIZED  BY  PARAGRAPH  A  OF  THIS
SUBDIVISION  SHALL  BE FILED WITH THE STATE BOARD OF EDUCATION EACH YEAR
THE SCHOOL DISTRICT ENACTS A POLICY OF PROVIDING STUDENT  TRANSPORTATION
BASED ON PATTERNS OF THE ACTUAL NUMBER OF RIDERS.
  S 3. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10608-01-1

S4434A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A6821A
Current Committee:
Law Section:
Education Law
Laws Affected:
Amd §3635, Ed L

S4434A (ACTIVE) - Bill Texts

view summary

Enacts the school bus mandate relief act authorizing school districts, in their discretion, to provide student transportation based upon patterns of actual ridership.

view sponsor memo
BILL NUMBER:S4434A

TITLE OF BILL:
An act
to amend the education law, in relation to enacting the school bus
mandate relief act

PURPOSE:
This bill would allow school boards to reduce the number of
seats available to pupils on school buses, if there is a consistent
three year pattern of eligible pupils not taking the school bus to
school provided by the school district.

SUMMARY OF PROVISIONS:

Section 1 - Creates the title of the bill, "The School Bus Mandate
Relief Act."

Section 2 - Adds Subdivision 8 to § 3635 of the Education, to allow
the option to the board of education of a school district to reduce
the number of seats available on school transportation provided by
the district, if there is a documented history of the actual
number of riders in each of the preceding three years showing a
consistent pattern of eligible pupils not using the transportation
provided by the district. Nothing in this section will reduce the
number of seats available for students currently in need of
transportation. Additionally school districts opting to offer
transportation based on the pattern of actual ridership must place
such plans on the school district's website before August 15th of
each school year.

Section 3 - Sets is the enacting date.

JUSTIFICATION:
Many school districts have complained that they are
required to provide under existing law many more seats on bus
transportation that are actually needed as evidenced by student
ridership.
Schools are experiencing budget cuts and more pressure than ever to
save money and seek efficiencies. This bill provides mandate relief
in an area that is of high cost to school districts, namely
transportation.

LEGISLATIVE HISTORY:
This is a new bill.

FISCAL IMPLICATIONS:
None to the state.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                 4434--A
    Cal. No. 369

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              April 5, 2011
                               ___________

Introduced  by  Sen. MARTINS -- read twice and ordered printed, and when
  printed to be committed to the  Committee  on  Education  --  reported
  favorably  from  said  committee,  ordered to first and second report,
  ordered to a third reading, amended and ordered  reprinted,  retaining
  its place in the order of third reading

AN  ACT  to  amend the education law, in relation to enacting the school
  bus mandate relief act

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

  Section 1. This act shall be known and may be cited as the "school bus
mandate relief act".
  S  2.  Section  3635  of  the education law is amended by adding a new
subdivision 8 to read as follows:
  8.   A BOARD OF EDUCATION MAY,  AT  ITS  DISCRETION,  PROVIDE  STUDENT
TRANSPORTATION  BASED  UPON  PATTERNS  OF  ACTUAL  RIDERSHIP. THE ACTUAL
RIDERSHIP SHALL BE BASED UPON THE HISTORY AND EXPERIENCE THAT  YIELDS  A
CONSISTENT PATTERN OF ELIGIBLE PUPILS NOT USING DISTRICT TRANSPORTATION;
OR  MODELING  OF  FUTURE  RIDERSHIP;  OR  THE  SHARING OF TRANSPORTATION
REGIONALLY; OR OTHER CRITERIA DETERMINED BY  THE  SCHOOL  DISTRICT  THAT
ENSURES  THAT ALL STUDENTS IN NEED OF TRANSPORTATION RECEIVE IT. NOTHING
IN THIS SECTION SHALL  REDUCE  OR  RELIEVE  SCHOOL  DISTRICTS  FROM  THE
RESPONSIBILITY  OF PROVIDING TRANSPORTATION TO STUDENTS OTHERWISE ELIGI-
BLE AND ACTUALLY IN NEED OF SUCH  TRANSPORTATION.  ANY  SCHOOL  DISTRICT
THAT,  AT  ITS DISCRETION, HAS ELECTED TO PROVIDE STUDENT TRANSPORTATION
BASED UPON PATTERNS OF ACTUAL RIDERSHIP SHALL PLACE SUCH  PLANS  ON  THE
SCHOOL  DISTRICT'S  WEBSITE  ON OR BEFORE AUGUST FIFTEENTH OF THE SCHOOL
YEAR IN WHICH THE TRANSPORTATION PLAN WILL BE IMPLEMENTED.
  S 3. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10608-02-1

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