Bill Text: NY S01365 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to transportation of certain children to before-and/or-after-school child care.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO EDUCATION [S01365 Detail]

Download: New_York-2019-S01365-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          1365
                               2019-2020 Regular Sessions
                    IN SENATE
                                    January 14, 2019
                                       ___________
        Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Education
        AN ACT to amend the education law, in relation to transportation
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. Paragraph e of subdivision 1 of section 3635 of the educa-
     2  tion law, as amended by chapter 665 of the laws of 1990, is  amended  to
     3  read as follows:
     4    e.  In  lieu  of the transportation provided pursuant to the foregoing
     5  provisions of this  subdivision,  a  board  of  education  may,  at  its
     6  discretion, provide transportation to any child attending grades kinder-
     7  garten  through  eight between the school such child legally attends and
     8  before-and/or-after-school child care locations.  For  the  purposes  of
     9  this subdivision, a before-and/or-after-school child care location shall
    10  mean  a  place,  other  than  the child's home, where care for less than
    11  twenty-four hours a day is provided on a regular basis [for a child  who
    12  attends  school within the school district], provided that such place is
    13  situated within the school district. This definition  includes,  but  is
    14  not  limited  to,  a  variety  of  child  care services such as day care
    15  centers, family day care homes and in-home care by  non-relatives.  Such
    16  transportation  may be provided for children attending grades kindergar-
    17  ten through eight where the distance between  the  school  they  legally
    18  attend  and before-and/or-after-school child care locations is more than
    19  two miles, and may be provided for up to a distance  of  fifteen  miles,
    20  the  distance in each case being measured by the nearest available route
    21  from before-and/or-after-school child care locations to the school  they
    22  legally  attend,  except  that transportation for a lesser distance than
    23  two miles or a greater distance than fifteen miles may  be  provided  if
    24  transportation  for  such distances is provided to students between home
    25  and school. Where a child receives transportation from  a  before-school
    26  child  care location to the school he or she legally attends, such child
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00205-01-9

        S. 1365                             2
     1  shall be entitled to receive transportation from the school  he  or  she
     2  legally  attends  to  his  or  her home or to an after-school child care
     3  location in accordance with this subdivision.   Where a  child  receives
     4  transportation  from  the  school he or she legally attends to an after-
     5  school child care location, such child  shall  be  entitled  to  receive
     6  transportation  from  home  to  the  school he or she legally attends in
     7  accordance with this subdivision. Transportation may be provided to  any
     8  child attending grades kindergarten through eight between the school the
     9  child   legally   attends   and  before-and/or-after-school  child  care
    10  locations upon written request of the parent or legal guardian submitted
    11  not later than the first day of April preceding the  next  school  year,
    12  provided,  however,  a parent or guardian of a child not residing in the
    13  district on such date shall submit a written request within thirty  days
    14  after  establishing  residence in the district and provided further that
    15  in order to be considered eligible for such transportation in the  nine-
    16  teen  hundred  eighty-seven--eighty-eight school year, such request must
    17  be  submitted  by  August  first,  nineteen  hundred  eighty-seven.  The
    18  provision  of transportation to or from before-and/or-after-school child
    19  care locations, if provided, shall be offered equally to all children in
    20  like circumstances residing in the district, provided that  a  board  of
    21  education furnishing transportation pursuant to this paragraph may limit
    22  the  provision  of  such  transportation to child care locations located
    23  within the attendance zone of the school the child attends, and to child
    24  day care centers and school age child care programs licensed  or  regis-
    25  tered  pursuant  to  section three hundred ninety of the social services
    26  law located anywhere within the school district. The cost  of  providing
    27  such  transportation between two or three miles, as the case may be, and
    28  fifteen miles shall be considered for the purposes of this chapter to be
    29  a charge upon the district. Such substitute transportation expense shall
    30  be eligible for state aid in accordance with [clause]  subparagraph  one
    31  of paragraph b of subdivision seven of section thirty-six hundred two of
    32  this chapter. Nothing in this subdivision shall be construed to impose a
    33  duty  upon  boards  of  education  to  provide transportation to or from
    34  before-and/or-after-school child care locations. Nothing in this  subdi-
    35  vision shall be construed to authorize boards of education to provide to
    36  any  child  transportation between a before-and/or-after-school day care
    37  location and that child's home.
    38    § 2. This act shall take effect on the first of July  next  succeeding
    39  the date on which it shall have become a law.
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