Bill Text: NY A01364 | 2017-2018 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Requires school districts to establish a medical hardship waiver policy to grant or deny permission to certain students to use established pick-up and drop-off points on established bus routes.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Introduced - Dead) 2018-05-22 - print number 1364a [A01364 Detail]
Download: New_York-2017-A01364-Introduced.html
Bill Title: Requires school districts to establish a medical hardship waiver policy to grant or deny permission to certain students to use established pick-up and drop-off points on established bus routes.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Introduced - Dead) 2018-05-22 - print number 1364a [A01364 Detail]
Download: New_York-2017-A01364-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1364 2017-2018 Regular Sessions IN ASSEMBLY January 11, 2017 ___________ Introduced by M. of A. CUSICK, McDONOUGH -- Multi-Sponsored by -- M. of A. SIMON -- read once and referred to the Committee on Education AN ACT to amend the education law, in relation to requiring school districts to establish a medical hardship waiver policy to grant or deny permission to certain students to use established pick-up and drop-off points on established bus routes The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 1 of section 3635 of the education law is 2 amended by adding a new paragraph h to read as follows: 3 h. (i) The board of education or trustees of each school district and 4 the city school district of New York shall develop a medical hardship 5 waiver policy to grant or deny permission to children attending grades 6 kindergarten through eight who live within two miles from the school 7 which they legally attend and for children attending grades nine through 8 twelve who live within three miles from the school which they legally 9 attend to use already established pick-up and/or drop-off points on 10 already established bus routes. 11 (ii) The medical hardship waiver policy established pursuant to 12 subparagraph (i) of this paragraph shall include: 13 (1) a formal request procedure for a parent or guardian to request a 14 medical hardship waiver based upon a serious medical condition suffered 15 by the child, parent or guardian and the resulting hardship in trans- 16 porting the child to and/or from school; 17 (2) a requirement for submission of medical documentation, certified 18 by a physician or other duly authorized health care provider, of a diag- 19 nosis of a serious medical condition with a description of the limita- 20 tions resulting from such diagnosis and the approximate duration that 21 such limitations will be suffered by the child, parent or guardian; 22 (3) a requirement for submission of documentation of the nature of the 23 hardship including the inability of the child to safely travel to and/or EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00508-01-7A. 1364 2 1 from school without the requested medical hardship waiver or of the 2 inability of the parent or guardian to safely transport the child to 3 and/or from school due to the parent or guardian suffering a serious 4 medical condition; 5 (4) consideration of the cost, if any, that would be incurred by a 6 school district in granting the medical hardship request for such trans- 7 portation; 8 (5) a requirement of a written acceptance or denial of the medical 9 hardship request upon a vote of the school board and that such written 10 acceptance or denial shall be provided to the requesting parent or guar- 11 dian within one hundred eighty days of the submission of the request; 12 and 13 (6) any other provisions or considerations deemed appropriate by the 14 school district. 15 (iii) Nothing in this paragraph shall be construed to require school 16 districts to create new bus stops or routes to accommodate such request. 17 (iv) Transportation for a lesser distance than two miles in the case 18 of children attending grades kindergarten through eight or three miles 19 in the case of children attending grades nine through twelve may be 20 provided through an approved medical hardship waiver pursuant to this 21 paragraph without the approval of qualified voters and without any 22 requirement to offer such transportation equally to all children in like 23 circumstances residing in the district. 24 § 2. Paragraph a of subdivision 1 of section 3635 of the education 25 law, as amended by section 11 of part A of chapter 97 of the laws of 26 2011, is amended to read as follows: 27 a. Sufficient transportation facilities (including the operation and 28 maintenance of motor vehicles) shall be provided by the school district 29 for all the children residing within the school district to and from the 30 school they legally attend, who are in need of such transportation 31 because of the remoteness of the school to the child or for the 32 promotion of the best interest of such children. Such transportation 33 shall be provided for all children attending grades kindergarten through 34 eight who live more than two miles from the school which they legally 35 attend or who are granted a waiver pursuant to paragraph h of this 36 subdivision and for all children attending grades nine through twelve 37 who live more than three miles from the school which they legally attend 38 or who are granted a waiver pursuant to paragraph h of this subdivision 39 and shall be provided for each such child up to a distance of fifteen 40 miles, the distances in each case being measured by the nearest avail- 41 able route from home to school. The cost of providing such transporta- 42 tion between two or three miles or pursuant to such a waiver, as the 43 case may be, and fifteen miles shall be considered for the purposes of 44 this chapter to be a charge upon the district and an ordinary contingent 45 expense of the district. Transportation for a lesser distance than two 46 miles in the case of children attending grades kindergarten through 47 eight or three miles in the case of children attending grades nine 48 through twelve and for a greater distance than fifteen miles may be 49 provided by the district with the approval of the qualified voters, and, 50 if provided, shall be offered equally to all children in like circum- 51 stances residing in the district; provided, however, that this require- 52 ment shall not apply to transportation offered pursuant to section thir- 53 ty-six hundred thirty-five-b of this article or pursuant to paragraph h 54 of this subdivision.A. 1364 3 1 § 3. 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 or who are granted a waiver pursuant to paragraph h of this 13 subdivision and for all children attending grades nine through twelve 14 who live more than three miles from the school which they legally attend 15 or who are granted a waiver pursuant to paragraph h of this subdivision 16 and shall be provided for each such child up to a distance of fifteen 17 miles, the distances in each case being measured by the nearest avail- 18 able route from home to school. The cost of providing such transporta- 19 tion between two or three miles or pursuant to such a waiver, as the 20 case may be, and fifteen miles shall be considered for the purposes of 21 this chapter to be a charge upon the district and an ordinary contingent 22 expense of the district. Transportation for a lesser distance than two 23 miles in the case of children attending grades kindergarten through 24 eight or three miles in the case of children attending grades nine 25 through twelve and for a greater distance than fifteen miles may be 26 provided by the district, and, if provided, shall be offered equally to 27 all children in like circumstances residing in the district; provided, 28 however, that this requirement shall not apply to transportation offered 29 pursuant to section thirty-six hundred thirty-five-b of this article or 30 pursuant to paragraph h of this subdivision. 31 § 4. This act shall take effect immediately; provided, however, that 32 the amendments to paragraph a of subdivision 1 of section 3635 of the 33 education law made by section two of this act shall be subject to the 34 expiration and reversion of such paragraph pursuant to section 13 of 35 part A of chapter 97 of the laws of 2011, as amended, when upon such 36 date the provisions of section three of this act shall take effect.
