S T A T E   O F   N E W   Y O R K
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                                    447
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  M.  of  A.  PAULIN,  JAFFEE,  BUCHWALD  -- read once and
   referred to the Committee on Education
 
 AN ACT to amend the education law, in relation to the transportation  of
   children residing in a school district in the village of Tuckahoe

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraphs a, b and e of subdivision 1 of section  3635  of
 the  education  law,  paragraph  a as amended by section 11 of part A of
 chapter 97 of the laws of 2011, paragraph b as amended by chapter 718 of
 the laws of 1990, subparagraph (i) of paragraph b as amended by  chapter
 571 of the laws of 1994 and paragraph e as amended by chapter 665 of the
 laws of 1990, are 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  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,
 EXCEPT UPON THE ADOPTION OF A RESOLUTION, LIMITING  SUCH  TRANSPORTATION
 TO  SEVEN  MILES,  BY THE BOARD OF EDUCATION OF A SCHOOL DISTRICT IN THE
 VILLAGE OF TUCKAHOE, 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 SEVEN
 OR fifteen miles, AS THE CASE  MAY  BE,  shall  be  considered  for  the
 purposes  of  this chapter to be a charge upon the district and an ordi-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD03690-01-9

 A. 447                              2
 
 nary contingent expense of the district.  Transportation  for  a  lesser
 distance than two miles in the case of children attending grades kinder-
 garten  through  eight  or three miles in the case of children attending
 grades  nine  through  twelve  and  for a greater distance than SEVEN OR
 fifteen miles, AS THE CASE MAY BE, 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] PART.
   b. (i) School districts providing transportation to a nonpublic school
 for pupils living within a specified distance  from  such  school  shall
 designate  one  or more public schools as centralized pick-up points and
 shall provide transportation between  such  points  and  such  nonpublic
 schools for students residing in the district who live too far from such
 nonpublic schools to qualify for transportation between home and school.
 The  district  shall not be responsible for the provision of transporta-
 tion for pupils between  their  home  and  such  pick-up  points.    The
 district  may  provide school bus transportation to a pupil if the resi-
 dence of the pupil is located on an established route for the  transpor-
 tation  of  pupils to the centralized pick-up point provided such trans-
 portation does not result in additional costs to the district.  The cost
 of providing transportation between such pick-up points and such nonpub-
 lic schools shall be an ordinary contingent expense.
   (ii) A board of education may, at its discretion, provide  transporta-
 tion  for  pupils  residing  within  the  district to a nonpublic school
 located more than fifteen miles from the home of any such pupil provided
 that such transportation has been  provided  to  such  nonpublic  school
 pursuant  to this subdivision in at least one of the immediately preced-
 ing three school years and such transportation is provided from  one  or
 more  centralized  pick-up  points designated pursuant to this paragraph
 and that the distance from such pick-up points to the  nonpublic  school
 is  not  more  than  fifteen  miles. PROVIDED, HOWEVER, THAT IN A SCHOOL
 DISTRICT THAT HAS  ADOPTED  A  RESOLUTION  PROVIDING  THAT  THE  MAXIMUM
 DISTANCE  FOR  TRANSPORTATION IS SEVEN MILES, PURSUANT TO PARAGRAPH A OF
 THIS SUBDIVISION, THE BOARD OF EDUCATION MAY, AT ITS DISCRETION, PROVIDE
 TRANSPORTATION FOR PUPILS RESIDING WITHIN THE DISTRICT  TO  A  NONPUBLIC
 SCHOOL  LOCATED  MORE  THAN  SEVEN MILES FROM THE HOME OF ANY SUCH PUPIL
 PROVIDED THAT SUCH TRANSPORTATION HAS BEEN PROVIDED  TO  SUCH  NONPUBLIC
 SCHOOL  PURSUANT  TO THIS SUBDIVISION IN AT LEAST ONE OF THE IMMEDIATELY
 PRECEDING THREE SCHOOL YEARS AND SUCH TRANSPORTATION  IS  PROVIDED  FROM
 ONE OR MORE CENTRALIZED PICK-UP POINTS DESIGNATED PURSUANT TO THIS PARA-
 GRAPH AND THAT DISTANCE FROM SUCH PICK-UP POINTS TO THE NONPUBLIC SCHOOL
 IS  NOT MORE THAN SEVEN MILES. The district shall not be responsible for
 the provision of transportation for pupils between pupils homes and such
 pick-up points. The cost of providing transportation between such  pick-
 up  points  and  such  nonpublic schools shall be an ordinary contingent
 expense.
   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

 A. 447                              3
 
 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,
 EXCEPT UPON THE ADOPTION OF A RESOLUTION, LIMITING  SUCH  TRANSPORTATION
 TO  SEVEN  MILES,  BY THE BOARD OF EDUCATION OF A SCHOOL DISTRICT IN THE
 VILLAGE OF TUCKAHOE, 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 FIVE OR
 fifteen miles, AS THE CASE MAY BE, 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 attending grades kindergar-
 ten 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 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 transpor-
 tation pursuant to this paragraph may limit the provision of such trans-
 portation 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 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 SEVEN OR fifteen miles,  AS  THE
 CASE  MAY BE, 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]  ARTICLE. 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.

 A. 447                              4
 
   § 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 attending grades 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,
 EXCEPT UPON THE ADOPTION OF A RESOLUTION, LIMITING  SUCH  TRANSPORTATION
 TO  SEVEN  MILES,  BY THE BOARD OF EDUCATION OF A SCHOOL DISTRICT IN THE
 VILLAGE OF TUCKAHOE, 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 SEVEN
 OR fifteen miles, AS THE CASE  MAY  BE,  shall  be  considered  for  the
 purposes  of  this chapter to be a charge upon the district and an ordi-
 nary contingent expense of the district.   Transportation for  a  lesser
 distance than two miles in the case of children attending grades kinder-
 garten  through  eight  or three miles in the case of children attending
 grades nine through twelve and for a  greater  distance  than  SEVEN  OR
 fifteen miles, AS THE CASE MAY BE, may be provided by the district, 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] PART.
   §  3.  This act shall take effect on the first of July next succeeding
 the date on which it shall have become a law, 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  pursuant to section 13 of part A of
 chapter 97 of the laws of 2011 when upon such  date  the  provisions  of
 section two of this act shall take effect.