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.