S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5755
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 24, 2021
                                ___________
 
 Introduced  by  M.  of A. CUSICK, COLTON, OTIS, McDONOUGH -- Multi-Spon-
   sored by -- M. of A. SIMON -- read once and referred to the  Committee
   on Education
 
 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-
 TIONS RESULTING FROM SUCH DIAGNOSIS AND THE  APPROXIMATE  DURATION  THAT
 SUCH LIMITATIONS WILL BE SUFFERED BY THE CHILD, PARENT OR GUARDIAN;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01157-01-1
              

 A. 5755                             2
 
   (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
 through twelve and for a greater distance  than  fifteen  miles  may  be
 provided by the district with the approval of the qualified voters, and,

 A. 5755                             3
 
 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 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
 H  OF  SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED THIRTY-FIVE OF THIS
 ARTICLE that [does] DO not result in additional transportation costs.
   § 4. 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.
   § 5. This act shall take effect immediately.