S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1139
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2017
                                ___________
 
 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.
              

                                                            LBD00229-01-7

 S. 1139                             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.
   § 2. This act shall take effect on the first of July  next  succeeding
 the date on which it shall have become a law.