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. LBD13386-01-3A. 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.