NY State Senate Bill 2015-S7142

Archive: Last Bill Status - In Senate Committee Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 31, 2016	referred to education

co-Sponsors

2015-S7142 (ACTIVE) - Details

See Assembly Version of this Bill:: A9741
Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §3635, Ed L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S4020, A1364
2019-2020: S1670, A4832
2021-2022: S1377, A5755

2015-S7142 (ACTIVE) - Summary

Requires school districts to establish a medical hardship waiver policy to grant or deny permission to certain students to use established pick-up and drop-off points on established bus routes.

2015-S7142 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7142

 TITLE OF BILL :

An act to amend the education law, in relation to requiring school
districts to establish a medical hardship waiver policy to grant or
deny permission to certain students to use established pick-up and
drop-off points on established bus routes

 PURPOSE OR GENERAL IDEA OF BILL :

Provides for boards of education to develop medical hardship waiver
policies for providing children transportation to school for a lesser
distance than two miles in the case of children in grades kindergarten
through eight and for less than three miles in the case of children in
grades nine through twelve.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1. Amends subdivision 1 of section 3635 of the education law
to provide that boards of education shall develop medical hardship
waiver policies to allow for transporting a child residing within the
two or three mile designated distances to or from school based upon
medical hardship due to a serious medical condition suffered by the
child or the child's parent or guardian and use an already established
pick up/drop off location outside of the designated distance.

Section 2. Amends paragraph a of subdivision 1 of section 3635 of the
education law to allow implementation of medical hardship polices.

Section 3. Amends paragraph a of subdivision 1 of section 3635 of the
education law to allow implementation of medical hardship polices.

Section 4. Effective date.

 JUSTIFICATION :

This legislation would provide for the development of school
transportation medical hardship waiver policies by boards of
education. The waiver would permit students who live within the two or
three mile designated area to access transportation at an already
established pick up and drop off location outside of the two or three
mile designated area, when the child or the child's parent or guardian
suffers from a serious medical condition resulting in a hardship in
transporting the child to and/or from school. Board developed policies
will provide districts and families residing within the districts with
a process for making determinations when a child, parent or guardian's
serious medical condition warrants granting a medical hardship
exception from the established transportation polices.

 PRIOR LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
Immediately.

2015-S7142 (ACTIVE) - Bill Text download pdf

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

                                  7142

                            I N  S E N A T E

                             March 31, 2016
                               ___________

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  requiring  school
  districts  to  establish  a medical hardship waiver policy to grant or
  deny permission to certain students to  use  established  pick-up  and
  drop-off points on established bus routes

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

  Section 1. Subdivision 1 of section  3635  of  the  education  law  is
amended by adding a new paragraph h to read as follows:
  H.  (I) THE BOARD OF EDUCATION OR TRUSTEES OF EACH SCHOOL DISTRICT AND
THE CITY SCHOOL DISTRICT OF NEW YORK SHALL DEVELOP  A  MEDICAL  HARDSHIP
WAIVER  POLICY  TO GRANT OR DENY PERMISSION TO CHILDREN ATTENDING GRADES
KINDERGARTEN THROUGH EIGHT WHO LIVE WITHIN TWO  MILES  FROM  THE  SCHOOL
WHICH THEY LEGALLY ATTEND AND FOR CHILDREN ATTENDING GRADES NINE THROUGH
TWELVE  WHO  LIVE  WITHIN THREE MILES FROM THE SCHOOL WHICH THEY LEGALLY
ATTEND TO USE ALREADY ESTABLISHED  PICK-UP  AND/OR  DROP-OFF  POINTS  ON
ALREADY ESTABLISHED BUS ROUTES.
  (II)  THE  MEDICAL  HARDSHIP  WAIVER  POLICY  ESTABLISHED  PURSUANT TO
SUBPARAGRAPH (I) OF THIS PARAGRAPH SHALL INCLUDE:
  (1) A FORMAL REQUEST PROCEDURE FOR A PARENT OR GUARDIAN TO  REQUEST  A
MEDICAL  HARDSHIP WAIVER BASED UPON A SERIOUS MEDICAL CONDITION SUFFERED
BY THE CHILD, PARENT OR GUARDIAN AND THE RESULTING  HARDSHIP  IN  TRANS-
PORTING THE CHILD TO AND/OR FROM SCHOOL;
  (2)  A  REQUIREMENT FOR SUBMISSION OF MEDICAL DOCUMENTATION, CERTIFIED
BY A PHYSICIAN OR OTHER DULY AUTHORIZED HEALTH CARE PROVIDER, OF A DIAG-
NOSIS OF A SERIOUS MEDICAL CONDITION WITH A DESCRIPTION OF  THE  LIMITA-
TIONS  RESULTING  FROM  SUCH DIAGNOSIS AND THE APPROXIMATE DURATION THAT
SUCH LIMITATIONS WILL BE SUFFERED BY THE CHILD, PARENT OR GUARDIAN;
  (3) A REQUIREMENT FOR SUBMISSION OF DOCUMENTATION OF THE NATURE OF THE
HARDSHIP INCLUDING THE INABILITY OF THE CHILD TO SAFELY TRAVEL TO AND/OR
FROM SCHOOL WITHOUT THE REQUESTED MEDICAL  HARDSHIP  WAIVER  OR  OF  THE
INABILITY  OF  THE  PARENT  OR GUARDIAN TO SAFELY TRANSPORT THE CHILD TO

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14813-01-6

S. 7142                             2

AND/OR FROM SCHOOL DUE TO THE PARENT OR  GUARDIAN  SUFFERING  A  SERIOUS
MEDICAL CONDITION;
  (4)  CONSIDERATION  OF  THE  COST, IF ANY, THAT WOULD BE INCURRED BY A
SCHOOL DISTRICT IN GRANTING THE MEDICAL HARDSHIP REQUEST FOR SUCH TRANS-
PORTATION;
  (5) A REQUIREMENT OF A WRITTEN ACCEPTANCE OR  DENIAL  OF  THE  MEDICAL
HARDSHIP  REQUEST  UPON A VOTE OF THE SCHOOL BOARD AND THAT SUCH WRITTEN
ACCEPTANCE OR DENIAL SHALL BE PROVIDED TO THE REQUESTING PARENT OR GUAR-
DIAN WITHIN ONE HUNDRED EIGHTY DAYS OF THE SUBMISSION  OF  THE  REQUEST;
AND
  (6)  ANY  OTHER PROVISIONS OR CONSIDERATIONS DEEMED APPROPRIATE BY THE
SCHOOL DISTRICT.
  (III) NOTHING IN THIS PARAGRAPH SHALL BE CONSTRUED TO  REQUIRE  SCHOOL
DISTRICTS TO CREATE NEW BUS STOPS OR ROUTES TO ACCOMMODATE SUCH REQUEST.
  (IV)  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 MAY BE
PROVIDED THROUGH AN APPROVED MEDICAL HARDSHIP WAIVER  PURSUANT  TO  THIS
PARAGRAPH  WITHOUT  THE  APPROVAL  OF  QUALIFIED  VOTERS AND WITHOUT ANY
REQUIREMENT TO OFFER SUCH TRANSPORTATION EQUALLY TO ALL CHILDREN IN LIKE
CIRCUMSTANCES RESIDING IN THE DISTRICT.
  S 2. Paragraph a of subdivision 1 of section  3635  of  the  education
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 OR WHO ARE GRANTED A WAIVER  PURSUANT  TO  PARAGRAPH  H  OF  THIS
SUBDIVISION  and  for  all children attending grades nine through twelve
who live more than three miles from the school which they legally attend
OR WHO ARE GRANTED A WAIVER PURSUANT TO PARAGRAPH H OF THIS  SUBDIVISION
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  avail-
able  route  from home to school. The cost of providing such transporta-
tion between two or three miles OR PURSUANT TO SUCH  A  WAIVER,  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. 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 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  circum-
stances  residing in the district; provided, however, that this require-
ment shall not apply to transportation offered pursuant to section thir-
ty-six hundred thirty-five-b of this article OR PURSUANT TO PARAGRAPH  H
OF THIS SUBDIVISION.
  S  3.  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:

S. 7142                             3

  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 OR WHO ARE GRANTED A WAIVER  PURSUANT  TO  PARAGRAPH  H  OF  THIS
SUBDIVISION  and  for  all children attending grades nine through twelve
who live more than three miles from the school which they legally attend
OR WHO ARE GRANTED A WAIVER PURSUANT TO PARAGRAPH H OF THIS  SUBDIVISION
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  avail-
able  route  from home to school. The cost of providing such transporta-
tion between two or three miles OR PURSUANT TO SUCH  A  WAIVER,  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.  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 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  OR
PURSUANT TO PARAGRAPH H OF THIS SUBDIVISION.
  S  4.  This act shall take effect immediately; provided, however, that
the amendments to paragraph a of subdivision 1 of section  3635  of  the
education  law  made  by section two of this act shall be subject to the
expiration and reversion of such paragraph pursuant  to  section  13  of
part  A  of  chapter  97 of the laws of 2011, as amended, when upon such
date the provisions of section three of this act shall take effect.

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Senate Bill S7142

Sponsored By

Archive: Last Bill Status - In Senate Committee Education Committee

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co-Sponsors

2015-S7142 (ACTIVE) - Details

2015-S7142 (ACTIVE) - Summary

2015-S7142 (ACTIVE) - Sponsor Memo

2015-S7142 (ACTIVE) - Bill Text download pdf

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Sponsored By

Jack M. Martins

Archive: Last Bill Status - In Senate Committee Education Committee

Actions

co-Sponsors

Michael Venditto

2015-S7142 (ACTIVE) - Details

2015-S7142 (ACTIVE) - Summary

2015-S7142 (ACTIVE) - Sponsor Memo

2015-S7142 (ACTIVE) - Bill Text download pdf

Comments