senate Bill S268

2013-2014 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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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to education
Jan 09, 2013 referred to education

Co-Sponsors

S268 - Bill Details

Current Committee:
Law Section:
Education Law
Laws Affected:
Amd ยง3635, Ed L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S2402A
2009-2010: S653

S268 - Bill Texts

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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.

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BILL NUMBER:S268

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.1995 of 2003/2004
S.434 of 2005/2006
S.226 of 2007/2008
S.653 of 2009/2010
S.2402A of 2011/2012

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
________________________________________________________________________

                                   268

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sens. LARKIN, BALL -- 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 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
expense  of  the district. Transportation for a lesser distance than two
miles in the case of  children  attending  grades  kindergarten  through

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01350-01-3

S. 268                              2

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
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-

S. 268                              3

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
eight who live more than two miles from the school  which  they  legally
attend  and  for  all  children attending grades nine through twelve who

S. 268                              4

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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