Bill Text: NY A00447 | 2019-2020 | General Assembly | Introduced


Bill Title: Authorizes a school district in the village of Tuckahoe, by resolution, to limit transportation of students to 7 miles.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2020-01-08 - referred to education [A00447 Detail]

Download: New_York-2019-A00447-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                           447
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                       (Prefiled)
                                     January 9, 2019
                                       ___________
        Introduced  by  M.  of  A.  PAULIN,  JAFFEE,  BUCHWALD  -- read once and
          referred to the Committee on Education
        AN ACT to amend the education law, in relation to the transportation  of
          children residing in a school district in the village of Tuckahoe
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Paragraphs a, b and e of subdivision 1 of section  3635  of
     2  the  education  law,  paragraph  a as amended by section 11 of part A of
     3  chapter 97 of the laws of 2011, paragraph b as amended by chapter 718 of
     4  the laws of 1990, subparagraph (i) of paragraph b as amended by  chapter
     5  571 of the laws of 1994 and paragraph e as amended by chapter 665 of the
     6  laws of 1990, are amended to read as follows:
     7    a.  Sufficient  transportation facilities (including the operation and
     8  maintenance of motor vehicles) shall be provided by the school  district
     9  for all the children residing within the school district to and from the
    10  school  they  legally  attend,  who  are  in need of such transportation
    11  because of the remoteness  of  the  school  to  the  child  or  for  the
    12  promotion  of  the  best interest of such children.  Such transportation
    13  shall be provided for all children attending grades kindergarten through
    14  eight who live more than two miles from the school  which  they  legally
    15  attend  and  for  all  children attending grades nine through twelve who
    16  live more than three miles from the school which they legally attend and
    17  shall be provided for each such child up to a distance of fifteen miles,
    18  except upon the adoption of a resolution, limiting  such  transportation
    19  to  seven  miles,  by the board of education of a school district in the
    20  village of Tuckahoe, the distances in each case being  measured  by  the
    21  nearest  available route from home to school. The cost of providing such
    22  transportation between two or three miles, as the case may be, and seven
    23  or fifteen miles, as the case  may  be,  shall  be  considered  for  the
    24  purposes  of  this chapter to be a charge upon the district and an ordi-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03690-01-9

        A. 447                              2
     1  nary contingent expense of the district.  Transportation  for  a  lesser
     2  distance than two miles in the case of children attending grades kinder-
     3  garten  through  eight  or three miles in the case of children attending
     4  grades  nine  through  twelve  and  for a greater distance than seven or
     5  fifteen miles, as the case may be, may be provided by the district  with
     6  the approval of the qualified voters, and, if provided, shall be offered
     7  equally  to all children in like circumstances residing in the district;
     8  provided, however, that this requirement shall not apply to  transporta-
     9  tion  offered  pursuant  to  section thirty-six hundred thirty-five-b of
    10  this [article] part.
    11    b. (i) School districts providing transportation to a nonpublic school
    12  for pupils living within a specified distance  from  such  school  shall
    13  designate  one  or more public schools as centralized pick-up points and
    14  shall provide transportation between  such  points  and  such  nonpublic
    15  schools for students residing in the district who live too far from such
    16  nonpublic schools to qualify for transportation between home and school.
    17  The  district  shall not be responsible for the provision of transporta-
    18  tion for pupils between  their  home  and  such  pick-up  points.    The
    19  district  may  provide school bus transportation to a pupil if the resi-
    20  dence of the pupil is located on an established route for the  transpor-
    21  tation  of  pupils to the centralized pick-up point provided such trans-
    22  portation does not result in additional costs to the district.  The cost
    23  of providing transportation between such pick-up points and such nonpub-
    24  lic schools shall be an ordinary contingent expense.
    25    (ii) A board of education may, at its discretion, provide  transporta-
    26  tion  for  pupils  residing  within  the  district to a nonpublic school
    27  located more than fifteen miles from the home of any such pupil provided
    28  that such transportation has been  provided  to  such  nonpublic  school
    29  pursuant  to this subdivision in at least one of the immediately preced-
    30  ing three school years and such transportation is provided from  one  or
    31  more  centralized  pick-up  points designated pursuant to this paragraph
    32  and that the distance from such pick-up points to the  nonpublic  school
    33  is  not  more  than  fifteen  miles. Provided, however, that in a school
    34  district that has  adopted  a  resolution  providing  that  the  maximum
    35  distance  for  transportation is seven miles, pursuant to paragraph a of
    36  this subdivision, the board of education may, at its discretion, provide
    37  transportation for pupils residing within the district  to  a  nonpublic
    38  school  located  more  than  seven miles from the home of any such pupil
    39  provided that such transportation has been provided  to  such  nonpublic
    40  school  pursuant  to this subdivision in at least one of the immediately
    41  preceding three school years and such transportation  is  provided  from
    42  one or more centralized pick-up points designated pursuant to this para-
    43  graph and that distance from such pick-up points to the nonpublic school
    44  is  not more than seven miles. The district shall not be responsible for
    45  the provision of transportation for pupils between pupils homes and such
    46  pick-up points. The cost of providing transportation between such  pick-
    47  up  points  and  such  nonpublic schools shall be an ordinary contingent
    48  expense.
    49    e. In lieu of the transportation provided pursuant  to  the  foregoing
    50  provisions  of  this  subdivision,  a  board  of  education  may, at its
    51  discretion, provide transportation to any child attending grades kinder-
    52  garten through eight between the school such child legally  attends  and
    53  before-and/or-after-school  child  care  locations.  For the purposes of
    54  this subdivision, a before-and/or-after-school child care location shall
    55  mean a place, other than the child's home,  where  care  for  less  than
    56  twenty-four  hours  a day is provided on a regular basis for a child who

        A. 447                              3
     1  attends school within the school district, provided that such  place  is
     2  situated  within  the  school district. This definition includes, but is
     3  not limited to, a variety of  child  care  services  such  as  day  care
     4  centers,  family day care homes and in-home care by non-relatives.  Such
     5  transportation may be provided for children attending grades  kindergar-
     6  ten  through  eight  where  the distance between the school they legally
     7  attend and before-and/or-after-school child care locations is more  than
     8  two  miles,  and  may be provided for up to a distance of fifteen miles,
     9  except upon the adoption of a resolution, limiting  such  transportation
    10  to  seven  miles,  by the board of education of a school district in the
    11  village of Tuckahoe, the distance in each case  being  measured  by  the
    12  nearest  available  route  from  before-and/or-after-school  child  care
    13  locations to the school they legally attend, except that  transportation
    14  for  a lesser distance than two miles or a greater distance than five or
    15  fifteen miles, as the case may be, may be provided if transportation for
    16  such distances is provided to students between home and school. Where  a
    17  child  receives  transportation from a before-school child care location
    18  to the school he or she legally attends, such child shall be entitled to
    19  receive transportation from the school he or she legally attends to  his
    20  or her home or to an after-school child care location in accordance with
    21  this  subdivision. Where a child receives transportation from the school
    22  he or she legally attends to an after-school child care  location,  such
    23  child  shall  be  entitled  to  receive  transportation from home to the
    24  school he or she legally attends in accordance  with  this  subdivision.
    25  Transportation  may be provided to any child attending grades kindergar-
    26  ten through eight between the  school  the  child  legally  attends  and
    27  before-and/or-after-school  child care locations upon written request of
    28  the parent or legal guardian submitted not later than the first  day  of
    29  April  preceding  the  next  school year, provided, however, a parent or
    30  guardian of a child not residing in the  district  on  such  date  shall
    31  submit a written request within thirty days after establishing residence
    32  in  the  district  and  provided  further that in order to be considered
    33  eligible for such transportation in the nineteen hundred  eighty-seven--
    34  eighty-eight  school  year,  such  request  must  be submitted by August
    35  first, nineteen hundred eighty-seven. The provision of transportation to
    36  or from before-and/or-after-school child care  locations,  if  provided,
    37  shall  be offered equally to all children in like circumstances residing
    38  in the district, provided that a board of education furnishing transpor-
    39  tation pursuant to this paragraph may limit the provision of such trans-
    40  portation to child care locations located within the attendance zone  of
    41  the  school the child attends, and  to child day care centers and school
    42  age child care programs licensed or registered pursuant to section three
    43  hundred ninety of the social services law located  anywhere  within  the
    44  school  district.  The cost of providing such transportation between two
    45  or three miles, as the case may be, and seven or fifteen miles,  as  the
    46  case  may be, shall be considered for the purposes of this chapter to be
    47  a charge upon the district. Such substitute transportation expense shall
    48  be eligible for state aid in accordance with [clause]  subparagraph  one
    49  of paragraph b of subdivision seven of section thirty-six hundred two of
    50  this  [chapter]  article. Nothing in this subdivision shall be construed
    51  to impose a duty upon boards of education to provide  transportation  to
    52  or from before-and/or-after-school child care locations. Nothing in this
    53  subdivision  shall  be  construed  to  authorize  boards of education to
    54  provide to any child transportation between a before-and/or-after-school
    55  day care location and that child's home.

        A. 447                              4
     1    § 2. Paragraph a of subdivision 1 of section  3635  of  the  education
     2  law, as amended by chapter 69 of the laws of 1992, is amended to read as
     3  follows:
     4    a.  Sufficient  transportation facilities (including the operation and
     5  maintenance of motor vehicles) shall be provided by the school  district
     6  for all the children residing within the school district to and from the
     7  school  they  legally  attend,  who  are  in need of such transportation
     8  because of the remoteness  of  the  school  to  the  child  or  for  the
     9  promotion  of  the  best  interest of such children. Such transportation
    10  shall be provided for all children attending grades kindergarten through
    11  eight who live more than two miles from the school  which  they  legally
    12  attend  and  for  all  children attending grades nine through twelve who
    13  live more than three miles from the school which they legally attend and
    14  shall be provided for each such child up to a distance of fifteen miles,
    15  except upon the adoption of a resolution, limiting  such  transportation
    16  to  seven  miles,  by the board of education of a school district in the
    17  village of Tuckahoe, the distances in each case being  measured  by  the
    18  nearest  available route from home to school. The cost of providing such
    19  transportation between two or three miles, as the case may be, and seven
    20  or fifteen miles, as the case  may  be,  shall  be  considered  for  the
    21  purposes  of  this chapter to be a charge upon the district and an ordi-
    22  nary contingent expense of the district.   Transportation for  a  lesser
    23  distance than two miles in the case of children attending grades kinder-
    24  garten  through  eight  or three miles in the case of children attending
    25  grades nine through twelve and for a  greater  distance  than  seven  or
    26  fifteen miles, as the case may be, may be provided by the district, and,
    27  if  provided,  shall  be offered equally to all children in like circum-
    28  stances residing in the district; provided, however, that this  require-
    29  ment shall not apply to transportation offered pursuant to section thir-
    30  ty-six hundred thirty-five-b of this [article] part.
    31    §  3.  This act shall take effect on the first of July next succeeding
    32  the date on which it shall have become a law, provided that  the  amend-
    33  ments  to  paragraph a of subdivision 1 of section 3635 of the education
    34  law made by section one of this act shall be subject to  the  expiration
    35  and  reversion  of  such  paragraph  pursuant to section 13 of part A of
    36  chapter 97 of the laws of 2011 when upon such  date  the  provisions  of
    37  section two of this act shall take effect.
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