S T A T E O F N E W Y O R K
________________________________________________________________________
3328
2023-2024 Regular Sessions
I N A S S E M B L Y
February 2, 2023
___________
Introduced by M. of A. E. BROWN -- read once and referred to the Commit-
tee on Education
AN ACT to amend the education law, in relation to improving the trans-
portation of children with special needs
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 3635 of the education law is amended by adding a
new subdivision 9 to read as follows:
9. A. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION,
WHERE A CHILD WITH SPECIAL NEEDS LEGALLY ATTENDS A SCHOOL DISTRICT, SUCH
CHILD SHALL BE PROVIDED FREE TRANSPORTATION BETWEEN HOME AND SCHOOL.
B. EACH SCHOOL DISTRICT WITH A CHILD WITH SPECIAL NEEDS SHALL HAVE A
CHILDREN WITH SPECIAL NEEDS LIAISON WHO SHALL WORK WITH EACH CHILD WITH
SPECIAL NEEDS AND THE CHILD'S FAMILY TO ENSURE THAT THE REQUIREMENTS OF
THIS SUBDIVISION ARE MET.
C. SUCH TRANSPORTATION SHALL NOT EXCEED ONE AND ONE-HALF HOURS,
INCLUDING FLEXIBLE WAIT TIMES AT HOMES TO ACCOUNT FOR SUCH CHILDREN WITH
SPECIAL NEEDS POTENTIALLY REQUIRING MORE TIME TO GET ON AND OFF OF
TRANSPORTATION. IF THE TRANSPORTATION CANNOT BE COMPLETED WITHIN THIS
TIMEFRAME, THE SCHOOL DISTRICT SHALL EITHER: (I) REDUCE THE TRANSPORTA-
TION TIME BY ADDING MORE TRANSPORTATION WITHIN THE DISTRICT; OR (II)
REIMBURSE, IN FULL, THE CARETAKER OF THE CHILD FOR ANY AND ALL TRANSPOR-
TATION EXPENSES FOR THE SAFE AND TIMELY TRANSPORTATION OF THE CHILD TO
AND FROM THE SCHOOL INCLUDING, BUT NOT LIMITED TO, FUEL COSTS, MILEAGE,
TOLLS, AND FARES.
D. SUCH TRANSPORTATION USED BY THE SCHOOL DISTRICT TO TRANSPORT CHIL-
DREN WITH SPECIAL NEEDS SHALL INCLUDE CAMERAS AND BUS TRACKING SYSTEMS
SO THE CHILD AND THE CHILD'S FAMILY CAN KNOW WHEN THE BUS WILL ARRIVE AT
THE HOME.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03584-02-3
A. 3328 2
E. FOR THE PURPOSES OF THIS SECTION, "CHILDREN WITH SPECIAL NEEDS"
SHALL INCLUDE, BUT NOT BE LIMITED TO, MINORS WITH INTELLECTUAL OR DEVEL-
OPMENTAL DISABILITIES.
§ 2. This act shall take effect on the first of July next succeeding
the date upon which it shall have become a law.