S T A T E O F N E W Y O R K
________________________________________________________________________
9625--A
I N A S S E M B L Y
March 21, 2012
___________
Introduced by M. of A. WEINSTEIN, HIKIND, SILVER, LENTOL, GOLDFEDER,
CYMBROWITZ, ABBATE, LANCMAN, MENG, NOLAN -- read once and referred to
the Committee on Education -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the education law, in relation to requiring certain
school districts to provide transportation to students who remain at
the school until five pm or later
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 3635 of the education law is amended by adding a
new subdivision 9 to read as follows:
9. A. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS SECTION TO THE
CONTRARY, A CITY SCHOOL DISTRICT LOCATED IN A CITY HAVING A POPULATION
OF ONE MILLION OR MORE PROVIDING TRANSPORTATION PURSUANT TO THIS CHAPTER
SHALL BE RESPONSIBLE FOR (I) PROVIDING TRANSPORTATION AFTER FIVE O'CLOCK
IN THE AFTERNOON FOR THOSE CHILDREN ATTENDING PUBLIC AND NONPUBLIC
SCHOOLS IN GRADES KINDERGARTEN THROUGH SIX WHO REMAIN AT THE SAME SCHOOL
FOR WHICH THEY ARE ENROLLED FOR REGULARLY SCHEDULED ACADEMIC CLASSES
FROM HALF-PAST NINE O'CLOCK IN THE MORNING OR EARLIER UNTIL FIVE O'CLOCK
IN THE AFTERNOON OR LATER, ON WEEKDAYS, AND RESIDE AT LEAST ONE MILE
FROM THEIR SCHOOL OF ATTENDANCE FOR GRADES THREE THROUGH SIX, AND AT
LEAST ONE-HALF MILE FROM THEIR SCHOOL OF ATTENDANCE FOR GRADES KINDER-
GARTEN THROUGH TWO OR (II) REIMBURSING THE COST INCURRED BY LICENSED
TRANSPORTATION CARRIERS PURSUANT TO CONTRACTS WITH SUCH SCHOOL DISTRICT
FOR PROVIDING TRANSPORTATION FOR THOSE CHILDREN ATTENDING PUBLIC AND
NONPUBLIC SCHOOLS IN GRADES KINDERGARTEN THROUGH SIX WHO REMAIN AT THE
SAME SCHOOL FOR WHICH THEY ARE ENROLLED FOR REGULARLY SCHEDULED ACADEMIC
CLASSES FROM HALF-PAST NINE O'CLOCK IN THE MORNING OR EARLIER UNTIL FIVE
O'CLOCK IN THE AFTERNOON OR LATER, ON WEEKDAYS, AND RESIDE AT LEAST ONE
MILE FROM THEIR SCHOOL OF ATTENDANCE FOR GRADES THREE THROUGH SIX, AND
AT LEAST ONE-HALF MILE FROM THEIR SCHOOL OF ATTENDANCE FOR GRADES
KINDERGARTEN THROUGH TWO. NOTHING HEREIN SHALL PROHIBIT THE SCHOOL
DISTRICT FROM REIMBURSING FOR COSTS INCURRED FOR SUCH CONTRACTS BETWEEN
THE SCHOOL DISTRICT AND ANY ENTITY PROVIDING OR CONTRACTING FOR SUCH
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15114-05-2
A. 9625--A 2
TRANSPORTATION SERVICE. A DISTRICT DOES NOT SATISFY ITS OBLIGATION
UNDER THIS SECTION BY PROVIDING PUBLIC SERVICE TRANSPORTATION.
B. THE COST TO THE SCHOOL DISTRICT OF PROVIDING SUCH REIMBURSEMENT FOR
TRANSPORTATION EXPENSES SHALL BE CONSIDERED ALLOWABLE COSTS ELIGIBLE FOR
TRANSPORTATION AID TO THE SAME EXTENT AS COSTS INCURRED DURING THE REGU-
LAR SCHOOL DAY.
C. THE CHANCELLOR OF SUCH SCHOOL DISTRICT, IN CONSULTATION WITH THE
COMMISSIONER, SHALL PRESCRIBE THE MOST COST EFFECTIVE SYSTEM FOR IMPLE-
MENTING THE REQUIREMENTS OF THIS SECTION, TAKING INTO CONSIDERATION THE
COSTS ASSOCIATED WITH SUBPARAGRAPHS (I) AND (II) OF PARAGRAPH A OF THIS
SUBDIVISION, WHILE AT THE SAME TIME ATTEMPTING TO MAXIMIZE STUDENT SAFE-
TY WITH CONSIDERATION OF THE AGE OF THE STUDENT TO BE TRANSPORTED.
D. THE PARENT OR GUARDIAN OR ANY REPRESENTATIVE AUTHORIZED BY SUCH
PARENT OR GUARDIAN SHALL HAVE NOTIFIED THE SCHOOL DISTRICT IN WRITING IN
THE SAME MANNER AND UPON THE SAME DATES AS ARE REQUIRED FOR A REQUEST
FOR TRANSPORTATION PURSUANT TO SUBDIVISION TWO OF THIS SECTION WITH NO
OPTION TO REQUEST TRANSPORTATION AT A LATER DATE PROVIDED THAT A REQUEST
FOR SUCH TRANSPORTATION FOR THE TWO THOUSAND TWELVE--TWO THOUSAND THIR-
TEEN SCHOOL YEAR MAY BE SUBMITTED WITHIN THIRTY DAYS AFTER THE EFFECTIVE
DATE OF THIS SUBDIVISION.
S 2. This act shall take effect July 1, 2012.