Bill Text: NY A04832 | 2019-2020 | General Assembly | Introduced
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 4-2)
Status: (Introduced - Dead) 2020-01-08 - referred to ways and means [A04832 Detail]
Download: New_York-2019-A04832-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4832 2019-2020 Regular Sessions IN ASSEMBLY February 5, 2019 ___________ Introduced by M. of A. CUSICK, McDONOUGH, OTIS -- 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. LBD00111-01-9A. 4832 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 (v) The cost of providing such transportation shall be a charge upon 25 the district and for the purposes of subdivision seven of section thir- 26 ty-six hundred two of this article, such pupils shall be considered 27 nonallowable pupils and the costs of their transportation shall not be 28 aidable. 29 § 2. Paragraph a of subdivision 1 of section 3635 of the education 30 law, as amended by section 11 of part A of chapter 97 of the laws of 31 2011, is amended to read as follows: 32 a. Sufficient transportation facilities (including the operation and 33 maintenance of motor vehicles) shall be provided by the school district 34 for all the children residing within the school district to and from the 35 school they legally attend, who are in need of such transportation 36 because of the remoteness of the school to the child or for the 37 promotion of the best interest of such children. Such transportation 38 shall be provided for all children attending grades kindergarten through 39 eight who live more than two miles from the school which they legally 40 attend or who are granted a waiver pursuant to paragraph h of this 41 subdivision and for all children attending grades nine through twelve 42 who live more than three miles from the school which they legally attend 43 or who are granted a waiver pursuant to paragraph h of this subdivision 44 and shall be provided for each such child up to a distance of fifteen 45 miles, the distances in each case being measured by the nearest avail- 46 able route from home to school. The cost of providing such transporta- 47 tion between two or three miles or pursuant to such a waiver, as the 48 case may be, and fifteen miles shall be considered for the purposes of 49 this chapter to be a charge upon the district and an ordinary contingent 50 expense of the district. Transportation for a lesser distance than two 51 miles in the case of children attending grades kindergarten through 52 eight or three miles in the case of children attending grades nine 53 through twelve and for a greater distance than fifteen miles may be 54 provided by the district with the approval of the qualified voters, and, 55 if provided, shall be offered equally to all children in like circum- 56 stances residing in the district; provided, however, that this require-A. 4832 3 1 ment shall not apply to transportation offered pursuant to section thir- 2 ty-six hundred thirty-five-b of this article or pursuant to paragraph h 3 of this subdivision. 4 § 3. Paragraph a of subdivision 1 of section 3635 of the education 5 law, as amended by chapter 69 of the laws of 1992, is amended to read as 6 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 or who are granted a waiver pursuant to paragraph h of this 16 subdivision and for all children attending grades nine through twelve 17 who live more than three miles from the school which they legally attend 18 or who are granted a waiver pursuant to paragraph h of this subdivision 19 and shall be provided for each such child up to a distance of fifteen 20 miles, the distances in each case being measured by the nearest avail- 21 able route from home to school. The cost of providing such transporta- 22 tion between two or three miles or pursuant to such a waiver, as the 23 case may be, and fifteen miles shall be considered for the purposes of 24 this chapter to be a charge upon the district and an ordinary contingent 25 expense of the district. Transportation for a lesser distance than two 26 miles in the case of children attending grades kindergarten through 27 eight or three miles in the case of children attending grades nine 28 through twelve and for a greater distance than fifteen miles may be 29 provided by the district, and, if provided, shall be offered equally to 30 all children in like circumstances residing in the district; provided, 31 however, that this requirement shall not apply to transportation offered 32 pursuant to section thirty-six hundred thirty-five-b of this article or 33 pursuant to paragraph h of this subdivision. 34 § 4. Paragraph d of subdivision 7 of section 3602 of the education 35 law, as amended by section 22 of part C of chapter 57 of the laws of 36 2004, is amended to read as follows: 37 d. In determining approved transportation operating expense for 38 district-owned transportation and approved transportation capital, debt 39 service and lease expense pursuant to paragraphs b, c and e of this 40 subdivision and part two of this article, the commissioner shall make a 41 deduction from the total transportation expense for the transportation 42 of nonallowable pupils, and for that portion of the total annual mileage 43 of district-owned school buses that is not aidable because it is not 44 included in the total annual allowable mileage as defined in section 45 thirty-six hundred twenty-one of this article, provided that such calcu- 46 lations shall be made pursuant to regulations of the commissioner, and 47 further provided that such regulations shall provide for an exclusion of 48 pupil miles for transportation provided on a space-available basis to 49 pupils attending an approved universal prekindergarten program pursuant 50 to section thirty-six hundred two-e of this [article] part as well as 51 pupils transported under a medical hardship waiver pursuant to paragraph 52 h of subdivision one of section thirty-six hundred thirty-five of this 53 article that [does] do not result in additional transportation costs. 54 § 5. The commissioner of education may promulgate such rules and regu- 55 lations as he or she deems necessary to carry out the purposes of this 56 act.A. 4832 4 1 § 6. This act shall take effect immediately; provided, however, that 2 the amendments to paragraph a of subdivision 1 of section 3635 of the 3 education law made by section two of this act shall be subject to the 4 expiration and reversion of such paragraph pursuant to section 13 of 5 part A of chapter 97 of the laws of 2011, as amended, when upon such 6 date the provisions of section three of this act shall take effect.
