S T A T E O F N E W Y O R K
________________________________________________________________________
10349
I N A S S E M B L Y
February 26, 2026
___________
Introduced by M. of A. WIEDER -- read once and referred to the Committee
on Education
AN ACT to amend the education law, in relation to transportation
requests for children either physically handicapped or developmentally
disabled
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 2 of section 3635 of the education law, as
amended by chapter 719 of the laws of 1978, is amended to read as
follows:
2. A parent or guardian of a child residing in any school district, or
any representative authorized by such parent or guardian, who desires
for a child during the next school year any transportation authorized or
directed by this chapter shall submit a written request therefor to the
school trustees or board of education of such district not later than
the first day of April preceding the next school year, OR, IN THE CASE
OF A CHILD WHO IS EITHER PHYSICALLY HANDICAPPED OR DEVELOPMENTALLY DISA-
BLED, NOT LATER THAN THE FIRST DAY OF JULY PRECEDING THE NEXT SCHOOL
YEAR; provided, however, that a parent or guardian of a child not resid-
ing in the district on such date shall submit a written request within
thirty days after establishing residence in the district. No late
request of a parent or guardian for transportation shall be denied where
a reasonable explanation is provided for the delay. If the voters,
school trustees, or board of education fail to provide the transporta-
tion authorized or directed by this chapter after receiving such a
request, such parent, guardian or representative, or any taxpayer resid-
ing in the district, may appeal to the commissioner of education, as
provided in section three hundred ten of this chapter. Except as
hereinbefore provided, the commissioner of education shall not require
that such parent, guardian or representative present a request for such
transportation to any meeting of the voters, school trustees or board of
education in order to appeal. Upon such appeal, the commissioner of
education shall make such order as is required to effect compliance with
the provisions of this chapter and this section.
§ 2. This act shall take effect immediately and shall apply to school
years commencing on and after July 1, 2026.
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