Bill Text: NY A01981 | 2017-2018 | 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 1-0)
Status: (Introduced - Dead) 2018-01-03 - referred to education [A01981 Detail]
Download: New_York-2017-A01981-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1981 2017-2018 Regular Sessions IN ASSEMBLY January 17, 2017 ___________ Introduced by M. of A. PAULIN -- 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- 25 nary contingent expense of the district. Transportation for a lesser EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06285-01-7A. 1981 2 1 distance than two miles in the case of children attending grades kinder- 2 garten through eight or three miles in the case of children attending 3 grades nine through twelve and for a greater distance than seven or 4 fifteen miles, as the case may be, may be provided by the district with 5 the approval of the qualified voters, and, if provided, shall be offered 6 equally to all children in like circumstances residing in the district; 7 provided, however, that this requirement shall not apply to transporta- 8 tion offered pursuant to section thirty-six hundred thirty-five-b of 9 this [article] part. 10 b. (i) School districts providing transportation to a nonpublic school 11 for pupils living within a specified distance from such school shall 12 designate one or more public schools as centralized pick-up points and 13 shall provide transportation between such points and such nonpublic 14 schools for students residing in the district who live too far from such 15 nonpublic schools to qualify for transportation between home and school. 16 The district shall not be responsible for the provision of transporta- 17 tion for pupils between their home and such pick-up points. The 18 district may provide school bus transportation to a pupil if the resi- 19 dence of the pupil is located on an established route for the transpor- 20 tation of pupils to the centralized pick-up point provided such trans- 21 portation does not result in additional costs to the district. The cost 22 of providing transportation between such pick-up points and such nonpub- 23 lic schools shall be an ordinary contingent expense. 24 (ii) A board of education may, at its discretion, provide transporta- 25 tion for pupils residing within the district to a nonpublic school 26 located more than fifteen miles from the home of any such pupil provided 27 that such transportation has been provided to such nonpublic school 28 pursuant to this subdivision in at least one of the immediately preced- 29 ing three school years and such transportation is provided from one or 30 more centralized pick-up points designated pursuant to this paragraph 31 and that the distance from such pick-up points to the nonpublic school 32 is not more than fifteen miles. Provided, however, that in a school 33 district that has adopted a resolution providing that the maximum 34 distance for transportation is seven miles, pursuant to paragraph a of 35 this subdivision, the board of education may, at its discretion, provide 36 transportation for pupils residing within the district to a nonpublic 37 school located more than seven miles from the home of any such pupil 38 provided that such transportation has been provided to such nonpublic 39 school pursuant to this subdivision in at least one of the immediately 40 preceding three school years and such transportation is provided from 41 one or more centralized pick-up points designated pursuant to this para- 42 graph and that distance from such pick-up points to the nonpublic school 43 is not more than seven miles. The district shall not be responsible for 44 the provision of transportation for pupils between pupils homes and such 45 pick-up points. The cost of providing transportation between such pick- 46 up points and such nonpublic schools shall be an ordinary contingent 47 expense. 48 e. In lieu of the transportation provided pursuant to the foregoing 49 provisions of this subdivision, a board of education may, at its 50 discretion, provide transportation to any child attending grades kinder- 51 garten through eight between the school such child legally attends and 52 before-and/or-after-school child care locations. For the purposes of 53 this subdivision, a before-and/or-after-school child care location shall 54 mean a place, other than the child's home, where care for less than 55 twenty-four hours a day is provided on a regular basis for a child who 56 attends school within the school district, provided that such place isA. 1981 3 1 situated within the school district. This definition includes, but is 2 not limited to, a variety of child care services such as day care 3 centers, family day care homes and in-home care by non-relatives. Such 4 transportation may be provided for children attending grades kindergar- 5 ten through eight where the distance between the school they legally 6 attend and before-and/or-after-school child care locations is more than 7 two miles, and may be provided for up to a distance of fifteen miles, 8 except upon the adoption of a resolution, limiting such transportation 9 to seven miles, by the board of education of a school district in the 10 village of Tuckahoe, the distance in each case being measured by the 11 nearest available route from before-and/or-after-school child care 12 locations to the school they legally attend, except that transportation 13 for a lesser distance than two miles or a greater distance than five or 14 fifteen miles, as the case may be, may be provided if transportation for 15 such distances is provided to students between home and school. Where a 16 child receives transportation from a before-school child care location 17 to the school he or she legally attends, such child shall be entitled to 18 receive transportation from the school he or she legally attends to his 19 or her home or to an after-school child care location in accordance with 20 this subdivision. Where a child receives transportation from the school 21 he or she legally attends to an after-school child care location, such 22 child shall be entitled to receive transportation from home to the 23 school he or she legally attends in accordance with this subdivision. 24 Transportation may be provided to any child attending grades kindergar- 25 ten through eight between the school the child legally attends and 26 before-and/or-after-school child care locations upon written request of 27 the parent or legal guardian submitted not later than the first day of 28 April preceding the next school year, provided, however, a parent or 29 guardian of a child not residing in the district on such date shall 30 submit a written request within thirty days after establishing residence 31 in the district and provided further that in order to be considered 32 eligible for such transportation in the nineteen hundred eighty-seven-- 33 eighty-eight school year, such request must be submitted by August 34 first, nineteen hundred eighty-seven. The provision of transportation to 35 or from before-and/or-after-school child care locations, if provided, 36 shall be offered equally to all children in like circumstances residing 37 in the district, provided that a board of education furnishing transpor- 38 tation pursuant to this paragraph may limit the provision of such trans- 39 portation to child care locations located within the attendance zone of 40 the school the child attends, and to child day care centers and school 41 age child care programs licensed or registered pursuant to section three 42 hundred ninety of the social services law located anywhere within the 43 school district. The cost of providing such transportation between two 44 or three miles, as the case may be, and seven or fifteen miles, as the 45 case may be, shall be considered for the purposes of this chapter to be 46 a charge upon the district. Such substitute transportation expense shall 47 be eligible for state aid in accordance with [clause] subparagraph one 48 of paragraph b of subdivision seven of section thirty-six hundred two of 49 this [chapter] article. Nothing in this subdivision shall be construed 50 to impose a duty upon boards of education to provide transportation to 51 or from before-and/or-after-school child care locations. Nothing in this 52 subdivision shall be construed to authorize boards of education to 53 provide to any child transportation between a before-and/or-after-school 54 day care location and that child's home.A. 1981 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.
