Senate Bill S4798

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

                                  4798

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             April 17, 2015
                               ___________

Introduced  by Sen. GALLIVAN -- 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 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
              

S. 4798                             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.