S T A T E O F N E W Y O R K
________________________________________________________________________
6495
2021-2022 Regular Sessions
I N A S S E M B L Y
March 19, 2021
___________
Introduced by M. of A. BARCLAY, PALMESANO, SALKA, J. M. GIGLIO --
Multi-Sponsored by -- M. of A. LEMONDES, MANKTELOW -- read once and
referred to the Committee on Education
AN ACT to amend the education law, in relation to the filing of trans-
portation contracts
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 2 of section 3625 of the education law, as
amended by chapter 474 of the laws of 1996, is amended to read as
follows:
2. Filing of transportation contracts. Every transportation contract
shall be filed with the department within one hundred twenty days of the
commencement of service under such contract. THE DEPARTMENT SHALL SEND
WRITTEN NOTICE TO DISTRICTS THIRTY DAYS PRIOR TO THE EXPIRATION OF A
TRANSPORTATION CONTRACT THE DEPARTMENT HAS ON FILE WHEN A DISTRICT DOES
NOT HAVE A NEW CONTRACT ON FILE. THE WRITTEN NOTICE SHALL PROVIDE THAT
THE DISTRICT SHALL HAVE THE CONTRACT FILED WITH THE DEPARTMENT WITHIN
ONE HUNDRED TWENTY DAYS AND SHALL PROVIDE INFORMATION REGARDING THE
PENALTY IF THE CONTRACT IS FILED AFTER SUCH DEADLINE. No transportation
expense shall be allowed for a period greater than one hundred twenty
days prior to the filing of any contract for the transportation of
pupils with the education department. HOWEVER, THE COMMISSIONER MAY
ALLOW FOR THE EXPENSE OF ANY CONTRACT FOR THE TRANSPORTATION OF PUPILS
WITH THE EDUCATION DEPARTMENT FILED AFTER ONE HUNDRED TWENTY DAYS FOR
GOOD CAUSE. THE DISTRICT SHALL SUBMIT A NOTICE OF LATE FILING AND REASON
OF CAUSE IN WRITING TO THE DEPARTMENT. THE COMMISSIONER SHALL RESPOND IN
WRITING WITHIN TEN DAYS OF RECEIVING THE NOTICE OF LATE FILING WITH A
DETERMINATION OF GOOD CAUSE. No contract shall be considered filed
unless it bears an original signature of the superintendent of a school
district or the designee of the superintendent and the sole trustee or
president of the board of education of the school district. The final
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02936-01-1
A. 6495 2
approval of any such contract by the commissioner shall not, however,
obligate the state to allow transportation expense in an amount greater
than the amount that would be allowed under the provisions of this part.
The state, acting through the department of audit and control, may exam-
ine any and all accounts of the contractor in connection with a contract
for the transportation of pupils, and every such contract shall contain
the following provision: "The contractor hereby consents to an audit of
any and all financial records relating to this contract by the depart-
ment of audit and control."
§ 2. This act shall take effect immediately.