senate Bill S595A

Vetoed By Governor
2011-2012 Legislative Session

Allows board of education to provide certain children transportation to school for a lesser distance than two miles

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Archive: Last Bill Status Via A9267 - Vetoed by Governor


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

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Actions

view actions (24)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Aug 17, 2012 tabled
vetoed memo.147
Aug 06, 2012 delivered to governor
Jun 21, 2012 returned to assembly
passed senate
3rd reading cal.513
substituted for s595a
Jun 21, 2012 substituted by a9267a
Jun 13, 2012 amended on third reading (t) 595a
Apr 25, 2012 advanced to third reading
Apr 19, 2012 2nd report cal.
Apr 18, 2012 1st report cal.513
Mar 06, 2012 reported and committed to finance
Jan 04, 2012 referred to education
returned to senate
died in assembly
Jun 14, 2011 referred to education
delivered to assembly
passed senate
May 04, 2011 advanced to third reading
May 03, 2011 2nd report cal.
May 02, 2011 1st report cal.411
Mar 08, 2011 reported and committed to finance
Jan 05, 2011 referred to education

Votes

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Apr 18, 2012 - Finance committee Vote

S595
31
1
committee
31
Aye
1
Nay
1
Aye with Reservations
0
Absent
2
Excused
0
Abstained
show committee vote details

Mar 6, 2012 - Education committee Vote

S595
17
0
committee
17
Aye
0
Nay
0
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show committee vote details

May 2, 2011 - Finance committee Vote

S595
30
0
committee
30
Aye
0
Nay
3
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show committee vote details

Mar 8, 2011 - Education committee Vote

S595
16
0
committee
16
Aye
0
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S595 - Bill Details

See Assembly Version of this Bill:
A9267A
Law Section:
Education Law
Laws Affected:
Amd §3635, Ed L
Versions Introduced in 2009-2010 Legislative Session:
S44, A6172

S595 - Bill Texts

view summary

Allows board of education to provide transportation to school for a child living a lesser distance than two miles from school if the parent or guardian of the child has a physically limiting impairment and is unable to accompany the child to and from school.

view sponsor memo
BILL NUMBER:S595 REVISED 04/20/12

TITLE OF BILL:
An act
to amend the education law, in relation to permitting boards of
education to grant parents or guardians, physically limited by a
disability, the ability to obtain bus services for their children

PURPOSE:
To allow parents or guardians, who are physically limited by
a disability, the ability to obtain bus services for their children
under the currently prescribed minimum limits applicable to school
districts in New York State.

SUMMARY OF PROVISIONS:
Section one of this legislation would amend section 3635(a) of the
Education Law to add subdivision (i) and (ii).

Subdivision (i) of the education law would permit the transportation
of children by a school district, when the child lives at a distance
which is less than the distance at which transportation must be
provided. Upon the adoption of a resolution by the board of education
determining that the parent or guardian of a child has a physically
limiting disability and that transportation would be in the best
interest of the child.

Subdivision (ii) is added to require proof of physically limiting
disability be certified by a physician on a form prescribed by the
department.

EXISTING LAW:
Current law requires a school district to provide
transportation for all children attending grades kindergarten through
eight who live more than two miles from the school which they legally
attend and for children attending grades nine through twelve who live
more than three miles from the school which they legally attend.
Transportation shall be provided for such children up to a distance
of fifteen miles, the distances in each case being measure by the
nearest available route from home to school.

JUSTIFICATION:
Several school children live in close proximity to the
school they legally attend, and are therefore not qualified to
receive school district transportation, leaving the child and/or
their parents and guardians to provide some other method of
transportation for that child to school. In some cases, the parent of
such child has a physically limiting disability and is therefore
unable to assist the child, by driving them, or to supervise the
child, by walking with them, to ensure the child's safety to and from
school. This legislation would permit a school board of education to
adopt a resolution and provide transportation for children when their
parent or guardian has a physically limiting disability.

LEGISLATIVE HISTORY:
2011: Passed Senate (S.595/A.4760)
2010: Passed Senate (S.44/A.6429)


2009: Advanced to Third Reading (S.44/A.6429)
2008: Similar bill (S.1543) Veto
106

FISCAL IMPLICATIONS:
None.

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

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

                                   595

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by Sens. FUSCHILLO, GOLDEN, HANNON, 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 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00468-01-1

S. 595                              2

distance  than  fifteen  miles  may be provided by the district, and, if
provided, shall be offered equally to all children in like circumstances
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.

Co-Sponsors

S595A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A9267A
Law Section:
Education Law
Laws Affected:
Amd §3635, Ed L
Versions Introduced in 2009-2010 Legislative Session:
S44, A6172

S595A (ACTIVE) - Bill Texts

view summary

Allows board of education to provide transportation to school for a child living a lesser distance than two miles from school if the parent or guardian of the child has a physically limiting impairment and is unable to accompany the child to and from school.

view sponsor memo
BILL NUMBER:S595A

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

PURPOSE:
To allow parents or guardians, who are
physically limited by
a disability, the ability to obtain bus services for their children
under the currently prescribed minimum limits applicable to school
districts in New York State.

SUMMARY OF PROVISIONS:
Section 1. of this legislation
would amend
section 3635 of the education law to permit the transportation of a
child by a school district when the child lives at a distance which
is less than the distance that transportation must be provided. Upon
the adoption of a resolution by the board of education or trustees of
any school district, transportation may be offered on an equitable
basis to children who have a parent/legal guardian with a physically
limiting impairment which prohibits the parent/legal guardian from
accompanying their child to or from school as certified by their
physician, physician assistant or nurse practitioner.

Section 2. Effective Date

EXISTING LAW:
Current law requires a school district to provide
transportation for all children attending grades kindergarten through
eight who live more than two miles from the school which they legally
attend and for children attending grades nine through twelve who live
more than three miles from the school which they legally attend.
Transportation shall be provided for such children up to a distance
of fifteen miles, the distances in each case being measure by the
nearest available route from home to school.

JUSTIFICATION:
Several school children live in close proximity to the
school they legally attend, and are therefore not qualified to
receive school district transportation, leaving the child and/or
their parents and guardians to provide some other method of
transportation for that child to school. In some cases, the parent of
such child has a physically limiting disability and is therefore
unable to assist the child, by driving them, or to supervise the
child, by walking with them, to ensure the child's safety to and from
school. This legislation would permit a school board of education to
adopt a resolution and provide transportation for children when their
parent or guardian has a physically limiting disability.

LEGISLATIVE HISTORY:
2011: Passed the Senate (S.595)
2010: Passed Senate (S.44/A.6429)


2009: Advanced to Third Reading (S.44/ A.6429)
2008: Similar Bill (S.1543) Veto
106

FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
The first of July next
succeeding the date on which it shall have become a law.

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

                                 595--A
    Cal. No. 513

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sens.  FUSCHILLO, AVELLA, GOLDEN, HANNON, 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 -- reported favorably from said
  committee and committed to the Committee on Finance -- reported favor-
  ably 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 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. Paragraph a of subdivision 1 of section 3635 of the educa-
tion law, as amended by section 11 of part A of chapter 97 of  the  laws
of 2011, 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
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00468-05-2

S. 595--A                           2

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  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 transporta-
tion offered pursuant to section  thirty-six  hundred  thirty-five-b  of
this  article; PROVIDED FURTHER THAT THIS REQUIREMENT SHALL NOT APPLY TO
TRANSPORTATION THAT MAY, UPON A  RESOLUTION  ADOPTED  BY  THE  BOARD  OF
EDUCATION OR TRUSTEES OF ANY SCHOOL DISTRICT, BE OFFERED ON AN EQUITABLE
BASIS  TO  PROVIDE  TRANSPORTATION  FOR  A  LESSER DISTANCE THAN WHAT IS
REQUIRED PURSUANT TO THIS SUBDIVISION TO CHILDREN WHO HAVE A  PARENT  OR
LEGAL  GUARDIAN  WITH  A  PHYSICALLY LIMITING IMPAIRMENT WHICH PROHIBITS
SUCH PARENT OR LEGAL GUARDIAN FROM ACCOMPANYING THEIR CHILD TO  OR  FROM
SCHOOL,  AS  CERTIFIED  BY THEIR PHYSICIAN, PHYSICIAN ASSISTANT OR NURSE
PRACTITIONER.
  S 2. 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 of
such paragraph and shall be deemed to expire therewith.

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