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

                                  7288

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               May 1, 2015
                               ___________

Introduced by M. of A. KEARNS -- read once and referred to the Committee
  on Education

AN ACT to amend the education law, in relation to transportation

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

  Section 1. Paragraph e of subdivision 1 of section 3635 of the  educa-
tion  law,  as amended by chapter 665 of the laws of 1990, is amended to
read as follows:
  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 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 miles may be provided if
transportation for such distances is provided to students  between  home
and  school.  Where a child receives transportation from a before-school
child care location to the school he or she legally attends, such  child

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10354-01-5
              

A. 7288                             2

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 transportation in the  nine-
teen  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  regis-
tered  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 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]  SUBPARAGRAPH  one
of paragraph b of subdivision seven of section thirty-six hundred two of
this chapter. Nothing in this subdivision 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  subdi-
vision 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. This act shall take effect on the first of July  next  succeeding
the date on which it shall have become a law.