S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1762
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2017
                                ___________
 
 Introduced  by  M.  of  A.  FAHY,  LUPARDO, JAFFEE, GUNTHER, MAGNARELLI,
   COLTON, STIRPE, OTIS, MONTESANO, RAIA, GIGLIO, ABINANTI, ORTIZ, LIFTON
   -- Multi-Sponsored by -- M. of A. ABBATE,  DAVILA,  GALEF,  GOTTFRIED,
   McLAUGHLIN,  PERRY,  SKARTADOS,  SOLAGES,  THIELE  --  read  once  and
   referred to the Committee on Education

 AN ACT to amend the education law, in relation to the transportation  of
   children  attending pre-kindergarten; and repealing certain provisions
   of such law relating thereto
 
   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 FOUR YEARS OF AGE AND OLDER attending
 grades [kindergarten] PRE-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.  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 FOUR YEARS OF AGE AND OLDER attending
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02655-01-7

 A. 1762                             2
 
 grades [kindergarten] PRE-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 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  transporta-
 tion  offered  pursuant  to  section thirty-six hundred thirty-five-b of
 this article.
   § 2. 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 FOUR YEARS OF AGE AND OLDER attending
 grades [kindergarten] PRE-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.  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 FOUR YEARS OF AGE AND OLDER attending
 grades [kindergarten] PRE-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.
   § 3. Paragraph g of subdivision 1 of section 3635 of the education law
 is REPEALED.
   § 4. Paragraph e of subdivision 1 of section  3635  of  the  education
 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 FOUR YEARS  OF  AGE  AND
 OLDER  attending  grades  [kindergarten]  PRE-KINDERGARTEN 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  FOUR  YEARS  OF  AGE AND OLDER attending grades [kindergarten]
 PRE-KINDERGARTEN through eight where the  distance  between  the  school

 A. 1762                             3
 
 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 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  FOUR  YEARS  OF AGE OR OLDER attending grades [kindergarten]
 PRE-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  nineteen  hundred
 eighty-seven--eighty-eight  school  year, such request must be submitted
 by August first, nineteen hundred eighty-seven. The provision of  trans-
 portation 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 attend-
 ance zone of the school the child attends, and to child day care centers
 and school age child care programs licensed or  registered  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 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  subdivision  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.
   § 5. This act shall take effect immediately, 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 be subject to  the  expiration
 and  reversion  of  such paragraph when upon such date the provisions of
 section two of this act shall take effect.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1762--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2017
                                ___________
 
 Introduced  by  M.  of  A.  FAHY,  LUPARDO, JAFFEE, GUNTHER, MAGNARELLI,
   COLTON, STIRPE, OTIS, MONTESANO, RAIA, GIGLIO, ABINANTI, ORTIZ, LIFTON
   -- Multi-Sponsored by -- M. of A. ABBATE,  DAVILA,  GALEF,  GOTTFRIED,
   McLAUGHLIN,  PERRY,  SKARTADOS,  SOLAGES,  THIELE  --  read  once  and
   referred to the Committee on Education -- committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 AN ACT to amend the education law, in relation to universal  pre-kinder-
   garten school bus transportation
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph g of subdivision 1 of section 3635 of the  educa-
 tion  law,  as  added  by chapter 244 of the laws of 2012, is amended to
 read as follows:
   g. Notwithstanding any other provision of law  to  the  contrary,  the
 trustees  or  board  of  education  of  any  school district may, in its
 discretion, provide transportation for students  attending  a  universal
 pre-kindergarten  program  in  addition to transportation funded by such
 program or transportation for students attending another district  spon-
 sored  or  district-run  pre-kindergarten program, within mileage limits
 established by the school  district;  if  provided  such  transportation
 shall  be offered equally to all children in like circumstances residing
 in the district. The cost of providing such transportation  shall  be  a
 charge  upon  the district [and]; PROVIDED THAT for purposes of subdivi-
 sion seven of section thirty-six hundred two of this [chapter]  ARTICLE,
 such  pupils shall be considered [non] allowable pupils and the costs of
 their transportation shall [not] be aidable.
   § 2. This act shall take effect immediately and  shall  apply  to  the
 2018--2019 school year and all school years commencing thereafter.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02655-02-7