S T A T E O F N E W Y O R K
________________________________________________________________________
6304
I N S E N A T E
January 24, 2012
___________
Introduced by Sen. CARLUCCI -- 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 providing mandate
relief to local school districts
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph d of subdivision 4 of section 4402 of the educa-
tion law, as amended by chapter 646 of the laws of 1992, is amended to
read as follows:
d. Notwithstanding any other provision of law, such board shall
provide suitable transportation up to a distance of [fifty] TWENTY-FIVE
miles to and from a nonpublic school which a child with a handicapping
condition attends OR FIFTY MILES FROM A NONPUBLIC SCHOOL FOR SCHOOL
DISTRICTS LOCATED ENTIRELY OR PARTIALLY IN ANY COUNTY WITH LESS THAN TWO
HUNDRED THOUSAND POPULATION OR ANY TOWN WHICH HAS A POPULATION OF LESS
THAN ONE HUNDRED FIFTY PERSONS PER SQUARE MILE if such child has been so
identified by the local committee on special education and such child
attends such school for the purpose of receiving services or programs
similar to special educational programs recommended for such child by
the local committee on special education.
S 2. Subdivision 8 of section 4410 of the education law, as amended by
chapter 474 of the laws of 1996, is amended to read as follows:
8. Transportation. The municipality in which a preschool child resides
shall, beginning with the first day of service, provide either directly
or by contract for suitable transportation, as determined by the board,
to and from special services or programs; provided, however, that if the
municipality is a city with a population of one million or more persons
the municipality may delegate the authority to provide such transporta-
tion to the board; and provided further, that prior to providing such
transportation directly or contracting with another entity to provide
such transportation, such municipality or board shall request and
encourage the parents to transport their children at public expense,
where cost-effective, at a rate per mile or a public service fare estab-
lished by the municipality and approved by the commissioner. Except as
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14116-01-2
S. 6304 2
otherwise provided in this section, the parents' inability or declina-
tion to transport their child shall in no way [effect] AFFECT the
municipality's or board's responsibility to provide recommended
services. Such transportation shall be provided once daily from the
child care location to the special service or program and once daily
from the special service or program to the child care location up to
[fifty] TWENTY-FIVE miles from the child care location, OR FIFTY MILES
FROM THE CHILD CARE LOCATION FOR SCHOOL DISTRICTS LOCATED ENTIRELY OR
PARTIALLY IN ANY COUNTY WITH LESS THAN TWO HUNDRED THOUSAND POPULATION
OR ANY TOWN WHICH HAS A POPULATION OF LESS THAN ONE HUNDRED FIFTY
PERSONS PER SQUARE MILE. If the board determines that a child must
receive special services and programs at a location greater than [fifty
miles] THE ALLOWED DISTANCE from the child care location, it shall
request approval of the commissioner. For the purposes of this subdivi-
sion, the term "child care location" shall mean a child's home or a
place where care for less than twenty-four hours a day is provided on a
regular basis and 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 persons other than parents. All transportation of such
children shall be provided pursuant to the procedures set forth in
section two hundred thirty-six of the family court act using the date
called for in the written notice of determination of the board or the
date of the written notice of determination of the board, whichever
comes later, in lieu of the date the court order was issued.
S 3. This act shall take effect immediately.