S T A T E O F N E W Y O R K
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1470--A
2015-2016 Regular Sessions
I N A S S E M B L Y
January 12, 2015
___________
Introduced by M. of A. CUSICK, McDONOUGH -- 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 authorizing boards of
education to provide certain children transportation to school
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; PROVIDED, HOWEVER, THAT THE BOARD OF EDUCATION OR
TRUSTEES OF ANY SCHOOL DISTRICT SHALL, UPON WRITTEN PETITION OF A PARENT
OR OTHER PERSON IN PARENTAL RELATION OF A CHILD RESIDING WITHIN SUCH
DISTRICT OR OF ANY REPRESENTATIVE AUTHORIZED BY SUCH PARENT OR OTHER
PERSON IN PARENTAL RELATION, MAKE AN INVESTIGATION TO DETERMINE WHETHER
A CHILD RESIDING WITHIN THE TWO OR THREE MILE DESIGNATED AREA SHOULD,
FOR SAFETY REASONS, USE AN ALREADY ESTABLISHED PICK UP/DROP OFF LOCATION
OUTSIDE OF SUCH TWO OR THREE MILE DESIGNATED AREA. THE PETITION MUST
DEMONSTRATE THAT THE CHILD'S PARENT OR OTHER PERSON IN PARENTAL RELATION
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02192-02-5
A. 1470--A 2
OF A CHILD HAS A PHYSICALLY LIMITING IMPAIRMENT, AS CERTIFIED BY TWO
PHYSICIANS, WHICH PROHIBITS THEM FROM ACCOMPANYING THEIR CHILD TO OR
FROM SCHOOL. SUCH PETITIONS SHALL BE SUBMITTED NO LATER THAN THE FIRST
DAY OF MARCH PRECEDING THE SCHOOL YEAR FOR WHICH TRANSPORTATION IS
REQUESTED. THE BOARD OF EDUCATION SHALL MAKE ITS DETERMINATION BY A
RESOLUTION ADOPTED BY THE BOARD OF EDUCATION OR TRUSTEES BEFORE SUCH
BOARD PRESENTS THE BUDGET FOR THE SCHOOL YEAR FOR WHICH TRANSPORTATION
IS REQUESTED. 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. Transportation for a lesser
distance than two miles in the case of children attending grades kinder-
garten 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 transportation offered pursuant to
section thirty-six hundred thirty-five-b of this article.
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.