Bill Text: NY A08135 | 2023-2024 | General Assembly | Introduced

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Bill Title: Permits local boards of education to enter into contracts with a drive-sharing network of persons for reimbursement of transportation expenses for the conveyance of pupils residing in such school districts; authorizes the commissioner of education to promulgate any necessary rules and regulations; outlines certain requirements to which the local board of education shall adhere; makes related provisions.

Spectrum: Partisan Bill (Republican 9-0)

Status: (Introduced) 2024-05-22 - held for consideration in education [A08135 Detail]

Download: New_York-2023-A08135-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8135

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    October 13, 2023
                                       ___________

        Introduced  by M. of A. SMULLEN -- read once and referred to the Commit-
          tee on Education

        AN ACT to amend the education  law,  in  relation  to  permitting  local
          boards  of  education  to  enter  into  contracts with a drive-sharing
          network of persons for reimbursement of transportation expenses

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. Legislative findings and intent. The legislature recognizes
     2  that  the  high  costs  associated  with purchasing zero-emission school
     3  buses and providing pupil transportation services are a concern for many
     4  school districts  and  parents.  In  New  York  state,  parents,  family
     5  members,  teachers  and neighbors of students have expressed interest in
     6  helping to transport students to and from  school  to  help  reduce  the
     7  costs  of  pupil  transportation services. However, currently only legal
     8  parents or guardians are permitted to transport children under a  parent
     9  contract,  which allows a school district to compensate the legal parent
    10  or guardian for transporting their own children.
    11    This act proposes to amend the education law to allow local boards  of
    12  education  to  expand  parent  contracts so schools can contract with an
    13  approved network of parents, family members, neighbors, and teachers for
    14  the purpose of providing pupil transportation. These  individuals  would
    15  be reimbursed based on either the approved mileage rate for staff or the
    16  IRS mileage rate, plus tolls, whichever is greater.
    17    §  2.  Subdivision 27 of section 1709 of the education law, as amended
    18  by chapter 737 of the laws of 1992, is amended to read as follows:
    19    27. a. To contract  with  any  person,  corporation  or  other  school
    20  district for the conveyance of pupils residing within the district, when
    21  authorized  to  do so under subdivision nineteen of section two thousand
    22  twenty-one of this chapter, by vote of the inhabitants of  the  district
    23  entitled  to  vote,  or  to  contract for the operation, maintenance and
    24  garaging of motor vehicles owned by the  district,  in  accordance  with

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13386-01-3
        A. 8135                             2

     1  such  rules  and  regulations  as such board of education may establish,
     2  consistent with the regulations of the commissioner. Upon  authorization
     3  by  a school district meeting, every such contract of transportation may
     4  be  made  for  a  period  not  exceeding five years, notwithstanding any
     5  provision of any other law inconsistent herewith.
     6    b. To contract with an approved drive-sharing network of  persons  for
     7  the  conveyance  of  pupils  residing within the district, in which such
     8  persons are compensated based upon the approved milage rate for staff or
     9  the IRS mileage rate, plus tolls, whichever is greater, when  authorized
    10  to  do  so under subdivision nineteen of section two thousand twenty-one
    11  of this chapter. The commissioner shall promulgate any rules  and  regu-
    12  lations necessary to implement the provisions of this paragraph, includ-
    13  ing  requiring all such persons to meet or exceed the safety regulations
    14  set forth in 8 NYCRR 156.3. Upon  authorization  by  a  school  district
    15  meeting,  every such contract of transportation may be made for a period
    16  not exceeding one year, notwithstanding any provision of any  other  law
    17  inconsistent  herewith.  Reimbursement provided for under this paragraph
    18  shall be subject to the following conditions:
    19    (i) The local board of education shall require proof of the  transpor-
    20  tation  expenses,  such  as receipts, mileage logs or any other document
    21  deemed acceptable by the board;
    22    (ii) The local board of education shall establish policies and  proce-
    23  dures  to  ensure  the  safety and security of the students being trans-
    24  ported; and
    25    (iii) The local board of education shall establish policies and proce-
    26  dures to prevent conflicts of interest or the appearance of impropriety.
    27    § 3. This act shall take effect immediately.