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