S T A T E O F N E W Y O R K
________________________________________________________________________
8135
2023-2024 Regular Sessions
I N A S S E M B L Y
October 13, 2023
___________
Introduced by M. of A. SMULLEN -- read once and referred to the Commit-
tee on Education
AN ACT to amend the education law, in relation to permitting local
boards of education to enter into contracts with a drive-sharing
network of persons for reimbursement of transportation expenses
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative findings and intent. The legislature recognizes
that the high costs associated with purchasing zero-emission school
buses and providing pupil transportation services are a concern for many
school districts and parents. In New York state, parents, family
members, teachers and neighbors of students have expressed interest in
helping to transport students to and from school to help reduce the
costs of pupil transportation services. However, currently only legal
parents or guardians are permitted to transport children under a parent
contract, which allows a school district to compensate the legal parent
or guardian for transporting their own children.
This act proposes to amend the education law to allow local boards of
education to expand parent contracts so schools can contract with an
approved network of parents, family members, neighbors, and teachers for
the purpose of providing pupil transportation. These individuals would
be reimbursed based on either the approved mileage rate for staff or the
IRS mileage rate, plus tolls, whichever is greater.
§ 2. Subdivision 27 of section 1709 of the education law, as amended
by chapter 737 of the laws of 1992, is amended to read as follows:
27. A. To contract with any person, corporation or other school
district for the conveyance of pupils residing within the district, when
authorized to do so under subdivision nineteen of section two thousand
twenty-one of this chapter, by vote of the inhabitants of the district
entitled to vote, or to contract for the operation, maintenance and
garaging of motor vehicles owned by the district, in accordance with
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13386-01-3
A. 8135 2
such rules and regulations as such board of education may establish,
consistent with the regulations of the commissioner. Upon authorization
by a school district meeting, every such contract of transportation may
be made for a period not exceeding five years, notwithstanding any
provision of any other law inconsistent herewith.
B. TO CONTRACT WITH AN APPROVED DRIVE-SHARING NETWORK OF PERSONS FOR
THE CONVEYANCE OF PUPILS RESIDING WITHIN THE DISTRICT, IN WHICH SUCH
PERSONS ARE COMPENSATED BASED UPON THE APPROVED MILAGE RATE FOR STAFF OR
THE IRS MILEAGE RATE, PLUS TOLLS, WHICHEVER IS GREATER, WHEN AUTHORIZED
TO DO SO UNDER SUBDIVISION NINETEEN OF SECTION TWO THOUSAND TWENTY-ONE
OF THIS CHAPTER. THE COMMISSIONER SHALL PROMULGATE ANY RULES AND REGU-
LATIONS NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS PARAGRAPH, INCLUD-
ING REQUIRING ALL SUCH PERSONS TO MEET OR EXCEED THE SAFETY REGULATIONS
SET FORTH IN 8 NYCRR 156.3. UPON AUTHORIZATION BY A SCHOOL DISTRICT
MEETING, EVERY SUCH CONTRACT OF TRANSPORTATION MAY BE MADE FOR A PERIOD
NOT EXCEEDING ONE YEAR, NOTWITHSTANDING ANY PROVISION OF ANY OTHER LAW
INCONSISTENT HEREWITH. REIMBURSEMENT PROVIDED FOR UNDER THIS PARAGRAPH
SHALL BE SUBJECT TO THE FOLLOWING CONDITIONS:
(I) THE LOCAL BOARD OF EDUCATION SHALL REQUIRE PROOF OF THE TRANSPOR-
TATION EXPENSES, SUCH AS RECEIPTS, MILEAGE LOGS OR ANY OTHER DOCUMENT
DEEMED ACCEPTABLE BY THE BOARD;
(II) THE LOCAL BOARD OF EDUCATION SHALL ESTABLISH POLICIES AND PROCE-
DURES TO ENSURE THE SAFETY AND SECURITY OF THE STUDENTS BEING TRANS-
PORTED; AND
(III) THE LOCAL BOARD OF EDUCATION SHALL ESTABLISH POLICIES AND PROCE-
DURES TO PREVENT CONFLICTS OF INTEREST OR THE APPEARANCE OF IMPROPRIETY.
§ 3. This act shall take effect immediately.