S T A T E O F N E W Y O R K
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1364--A
2017-2018 Regular Sessions
I N A S S E M B L Y
January 11, 2017
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Introduced by M. of A. CUSICK, McDONOUGH, OTIS -- Multi-Sponsored by --
M. of A. SIMON -- read once and referred to the Committee on Education
-- recommitted to the Committee on Ways and Means in accordance with
Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
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-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00508-02-8
A. 1364--A 2
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
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.
(V) THE COST OF PROVIDING SUCH TRANSPORTATION SHALL BE A CHARGE UPON
THE DISTRICT AND FOR THE PURPOSES OF SUBDIVISION SEVEN OF SECTION THIR-
TY-SIX HUNDRED TWO OF THIS ARTICLE, SUCH PUPILS SHALL BE CONSIDERED
NONALLOWABLE PUPILS AND THE COSTS OF THEIR TRANSPORTATION SHALL NOT BE
AIDABLE.
§ 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
A. 1364--A 3
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.
§ 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:
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.
§ 4. Paragraph d of subdivision 7 of section 3602 of the education
law, as amended by section 22 of part C of chapter 57 of the laws of
2004, is amended to read as follows:
d. In determining approved transportation operating expense for
district-owned transportation and approved transportation capital, debt
service and lease expense pursuant to paragraphs b, c and e of this
subdivision and part two of this article, the commissioner shall make a
deduction from the total transportation expense for the transportation
of nonallowable pupils, and for that portion of the total annual mileage
of district-owned school buses that is not aidable because it is not
included in the total annual allowable mileage as defined in section
thirty-six hundred twenty-one of this article, provided that such calcu-
lations shall be made pursuant to regulations of the commissioner, and
further provided that such regulations shall provide for an exclusion of
pupil miles for transportation provided on a space-available basis to
pupils attending an approved universal prekindergarten program pursuant
to section thirty-six hundred two-e of this [article] PART AS WELL AS
PUPILS TRANSPORTED UNDER A MEDICAL HARDSHIP WAIVER PURSUANT TO PARAGRAPH
A. 1364--A 4
H OF SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED THIRTY-FIVE OF THIS
ARTICLE that [does] DO not result in additional transportation costs.
§ 5. The commissioner of education may promulgate such rules and regu-
lations as he or she deems necessary to carry out the purposes of this
act.
§ 6. 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.