Actions

Text

STATE OF NEW YORK
________________________________________________________________________

8412

2011-2012 Regular Sessions

IN ASSEMBLY

June 15, 2011
___________

Introduced  by M. of A. NOLAN -- read once and referred to the Committee
  on Education

AN ACT to amend the education law,  in  relation  to  transportation  of
  children receiving special education services

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 4 of section 4402  of  the  education  law,  as
added  by  chapter  853  of  the laws of 1976, paragraph a as amended by
chapter 470 of the laws of 1977, and paragraph d as amended  by  chapter
646 of the laws of 1992, is amended to read as follows:
  4.  a.  The board of education or the board of trustees of each school
district shall provide  suitable  transportation  to  and  from  special
classes  or  programs,  with the exception of residential facilities for
the care and treatment of children with  handicapping  conditions  under
the  jurisdiction of an agency of the state other than the state depart-
ment of education, as specified in subdivisions two and four of  section
forty-four hundred one of this article.
  b.  (1)  Such  board  may  permit  any adult, willing to serve without
compensation, to act as an attendant for such children.  NOTWITHSTANDING
ANY STATE OR LOCAL LAW TO THE CONTRARY, AN ESCORT SHALL NOT BE  REQUIRED
TO ACCOMPANY A CHILD BEING TRANSPORTED IN A VEHICLE WITH FEWER THAN FOUR
OTHER  CHILDREN  UNLESS  THE  COMMITTEE HAS RECOMMENDED AN ESCORT IN THE
CHILD'S INDIVIDUALIZED EDUCATION PROGRAM OR THE CHILD IS REQUIRED TO  BE
ACCOMPANIED PURSUANT TO SUBPARAGRAPH TWO OF THIS PARAGRAPH.
  (2)  SUCH  BOARD  MAY  REQUEST  AND  ENCOURAGE  PARENTS AND PERSONS IN
PARENTAL RELATION TO TRANSPORT THEIR CHILDREN, INCLUDING CHILDREN TO  BE
TRANSPORTED TO NONPUBLIC SCHOOL PURSUANT TO PARAGRAPH D OF THIS SUBDIVI-
SION,  AT  PUBLIC EXPENSE, WHERE COST-EFFECTIVE, AT A RATE PER MILE OR A
PUBLIC SERVICE FARE ESTABLISHED BY THE SCHOOL DISTRICT AND  APPROVED  BY
THE  COMMISSIONER.    A  PROPOSED  RATE  PER MILE OR PUBLIC SERVICE FARE
SUBMITTED TO  THE  COMMISSIONER  SHALL  BE  EFFECTIVE  IMMEDIATELY  UPON

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11258-01-1
A. 8412                             2

APPROVAL  BY  THE  COMMISSIONER,  OR  ON  THE  THIRTIETH  DAY  AFTER ITS
SUBMISSION TO THE COMMISSIONER UNLESS  THE  COMMISSIONER  SHALL  SPECIF-
ICALLY  DISAPPROVE SUCH PROPOSED RATE OR FARE IN WRITING, WITH AN EXPLA-
NATION  FOR  SUCH  DISAPPROVAL.  SUCH  TRANSPORTATION MAY BE PROVIDED BY
PUBLIC TRANSPORTATION WHERE THE CHILD  IS  ACCOMPANIED  BY  THE  PARENT,
PERSON  IN  PARENTAL  RELATION OR OTHER ADULT OVER THE AGE OF TWENTY-ONE
LIVING IN THE SAME  HOUSEHOLD  AS  THE  PARENT  OR  PERSON  IN  PARENTAL
RELATION;  BY  A TAXICAB AS DEFINED IN SECTION ONE HUNDRED FORTY-EIGHT-A
OF THE VEHICLE AND TRAFFIC LAW OR  LIVERY  AS  DEFINED  IN  SECTION  ONE
HUNDRED  TWENTY-ONE-E  OF THE VEHICLE AND TRAFFIC LAW WHERE THE CHILD IS
ACCOMPANIED BY THE PARENT, PERSON IN PARENTAL RELATION  OR  OTHER  ADULT
OVER THE AGE OF TWENTY-ONE LIVING IN THE SAME HOUSEHOLD AS THE PARENT OR
PERSON  IN  PARENTAL  RELATION;  OR  BY MOTOR VEHICLE EQUIPPED WITH SEAT
BELTS AND SAFETY SEATING  TO  THE  EXTENT  REQUIRED  BY  SECTION  TWELVE
HUNDRED  TWENTY-NINE-C  OF THE VEHICLE AND TRAFFIC LAW AND DRIVEN BY THE
PARENT, PERSON IN PARENTAL RELATION OR OTHER ADULT OVER THE AGE OF TWEN-
TY-ONE LIVING IN THE SAME HOUSEHOLD AS THE PARENT OR PERSON IN  PARENTAL
RELATION.  NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, A MOTOR
VEHICLE WITH A SEATING CAPACITY OF UP  TO  NINE  PERSONS  SHALL  NOT  BE
SUBJECT TO REQUIREMENTS APPLICABLE TO A SCHOOL BUS AS DEFINED IN SECTION
ONE  HUNDRED  FORTY-TWO  OF  THE  VEHICLE AND TRAFFIC LAW MERELY BECAUSE
PAYMENT TO ITS DRIVER HAS BEEN MADE WITH FUNDS PROVIDED TO A  PARENT  OR
PERSON  IN PARENTAL RELATION PURSUANT TO THIS SUBPARAGRAPH, AND A PERSON
PROVIDING TRANSPORTATION SHALL NOT BE SUBJECT  TO  THE  REQUIREMENTS  OF
ARTICLE  NINETEEN-A  OF THE VEHICLE AND TRAFFIC LAW MERELY BECAUSE HE OR
SHE SHALL HAVE RECEIVED SUCH PAYMENT.
  c. Such board  shall  be  empowered  to  contract  for  transportation
services  provided  pursuant  to this subdivision with any municipality,
Board of Cooperative Educational Services, public authority  or  private
contractor  meeting  the school bus provisions outlined in section thir-
ty-six hundred twenty-three of this chapter and the standards and  spec-
ifications relating thereto.
  d.  Notwithstanding  any  other  provision  of  law,  such board shall
provide suitable transportation up to a distance of fifty miles  to  and
from  a  nonpublic  school  which  a child with a handicapping condition
attends if such child has been so identified by the local  committee  on
special  education and such child attends such school for the purpose of
receiving services or programs similar to special  educational  programs
recommended for such child by the local committee on special education.
  S 2. Subdivision 8 of section 4410 of the education law, as amended by
chapter 474 of the laws of 1996, is amended to read as follows:
  8. Transportation. The municipality in which a preschool child resides
shall,  beginning with the first day of service, provide either directly
or by contract for suitable transportation, as determined by the  board,
to and from special services or programs; provided, however, that if the
municipality  is a city with a population of one million or more persons
the municipality may delegate the authority to provide such  transporta-
tion  to  the  board; and provided further, that prior to providing such
transportation directly or contracting with another  entity  to  provide
such  transportation,  such  municipality  or  board  shall  request and
encourage the parents to transport their  children  at  public  expense,
where cost-effective, at a rate per mile or a public service fare estab-
lished by the municipality and approved by the commissioner.  A PROPOSED
RATE PER MILE OR PUBLIC SERVICE FARE SUBMITTED TO THE COMMISSIONER SHALL
BE  EFFECTIVE  IMMEDIATELY  UPON APPROVAL BY THE COMMISSIONER, OR ON THE
THIRTIETH DAY AFTER  ITS  SUBMISSION  TO  THE  COMMISSIONER  UNLESS  THE
A. 8412                             3

COMMISSIONER SHALL SPECIFICALLY DISAPPROVE SUCH PROPOSED RATE OR FARE IN
WRITING,  WITH  AN  EXPLANATION FOR SUCH DISAPPROVAL. TRANSPORTATION FOR
WHICH A PARENT RECEIVES REIMBURSEMENT MAY BE PROVIDED BY  PUBLIC  TRANS-
PORTATION  WHERE  THE  CHILD IS ACCOMPANIED BY THE PARENT OR OTHER ADULT
OVER THE AGE OF TWENTY-ONE LIVING IN THE SAME HOUSEHOLD AS  THE  PARENT;
BY  A  TAXICAB  AS  DEFINED  IN SECTION ONE HUNDRED FORTY-EIGHT-A OF THE
VEHICLE AND TRAFFIC LAW OR LIVERY AS  DEFINED  IN  SECTION  ONE  HUNDRED
TWENTY-ONE-E  OF THE VEHICLE AND TRAFFIC LAW WHERE THE CHILD IS ACCOMPA-
NIED BY THE PARENT OR OTHER ADULT OVER THE AGE OF TWENTY-ONE LIVING  INS
THE  SAME HOUSEHOLD AS THE PARENT, AND, IF THE CHILD IS UNDER THE AGE OF
FOUR, A SAFETY SEAT AS DESCRIBED IN SECTION TWELVE HUNDRED TWENTY-NINE-C
OF THE VEHICLE AND TRAFFIC LAW IS USED TO SECURE THE CHILD; OR BY  MOTOR
VEHICLE  EQUIPPED  WITH  SEAT  BELTS  AND  SAFETY  SEATING TO THE EXTENT
REQUIRED BY SECTION TWELVE HUNDRED  TWENTY-NINE-C  OF  THE  VEHICLE  AND
TRAFFIC  LAW  AND  DRIVEN  BY  THE PARENT OR OTHER ADULT OVER THE AGE OF
TWENTY-ONE LIVING IN THE SAME HOUSEHOLD  AS  THE  PARENT  OR  PERSON  IN
PARENTAL RELATION. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY,
A  VEHICLE  WITH  A  SEATING CAPACITY OF UP TO NINE PERSONS SHALL NOT BE
SUBJECT TO REQUIREMENTS APPLICABLE TO A SCHOOL BUS AS DEFINED IN SECTION
ONE HUNDRED FORTY-TWO OF THE VEHICLE  AND  TRAFFIC  LAW  MERELY  BECAUSE
PAYMENT  TO  ITS  DRIVER  HAS  BEEN MADE WITH FUNDS PROVIDED TO A PARENT
PURSUANT TO THIS SUBDIVISION,  AND  A  PERSON  PROVIDING  TRANSPORTATION
SHALL  NOT  BE  SUBJECT TO THE REQUIREMENTS OF ARTICLE NINETEEN-A OF THE
VEHICLE AND TRAFFIC LAW MERELY BECAUSE HE OR  SHE  SHALL  HAVE  RECEIVED
SUCH PAYMENT.
  Except  as  otherwise provided in this section, the parents' inability
or declination to transport their child shall in no way [effect]  AFFECT
the  municipality's  or  board's  responsibility  to provide recommended
services. Such transportation shall be  provided  once  daily  from  the
child  care  location  to  the special service or program and once daily
from the special service or program to the child  care  location  up  to
fifty miles from the child care location. If the board determines that a
child  must  receive special services and programs at a location greater
than fifty miles from the child care location, it shall request approval
of the commissioner. For the purposes  of  this  subdivision,  the  term
"child  care  location"  shall mean a child's home or a place where care
for less than twenty-four hours a day is provided on a regular basis and
includes, but is not limited to, a variety of child care  services  such
as  day  care centers, family day care homes and in-home care by persons
other than  parents.  All  transportation  of  such  children  shall  be
provided  pursuant  to  the  procedures set forth in section two hundred
thirty-six of the family court act using the  date  called  for  in  the
written  notice of determination of the board or the date of the written
notice of determination of the board, whichever comes later, in lieu  of
the date the court order was issued.
  NOTWITHSTANDING  ANY  STATE  OR  LOCAL  LAW TO THE CONTRARY, AN ESCORT
SHALL NOT BE REQUIRED TO ACCOMPANY A CHILD BEING TRANSPORTED IN A  VEHI-
CLE  WITH FEWER THAN FOUR OTHER CHILDREN UNLESS THE COMMITTEE HAS RECOM-
MENDED AN ESCORT IN THE CHILD'S INDIVIDUALIZED EDUCATION PROGRAM OR  THE
CHILD IS REQUIRED TO BE ACCOMPANIED PURSUANT TO THIS SUBDIVISION.
  S 3. This act shall take effect immediately.