Allows boards of education, upon written request of a parent or guardian, to provide transportation to and from school for a child residing within the two or three mile designated area to use an already established pick up/drop off location outside of such two or three mile designated area; requires requests to specify explanations for the request; requires board of education to provide a written explanation to the parents as to the reasons for approval or denial.
STATE OF NEW YORK ________________________________________________________________________ 1470--B 2015-2016 Regular Sessions IN ASSEMBLY January 12, 2015 ___________Introduced by M. of A. CUSICK, McDONOUGH -- read once and referred to the Committee on Education -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amendments, ordered reprinted as amended and recommitted to said committee AN ACT to amend the education law, in relation to authorizing boards of education to provide certain children transportation to school THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1 of section 3635 of the education law is amended by adding a new paragraph h to read as follows: H. (I) A BOARD OF EDUCATION OF ANY SCHOOL DISTRICT SHALL, UPON WRITTEN REQUEST OF A PARENT OR GUARDIAN OF A CHILD ATTENDING GRADES KINDERGARTEN THROUGH EIGHT WHO LIVES WITHIN TWO MILES FROM THE SCHOOL THAT THEY LEGALLY ATTEND OR A PARENT OR GUARDIAN OF A CHILD ATTENDING GRADES NINE THROUGH TWELVE WHO LIVES WITHIN THREE MILES FROM THE SCHOOL THAT THEY LEGALLY ATTEND, MAKE A DETERMINATION AS TO WHETHER A CHILD RESIDING WITHIN THE TWO OR THREE MILE DISTANCE LIMITATION MAY FOR REASONS RELATED TO SAFETY OR OTHER EXTRAORDINARY CIRCUMSTANCES USE AN ALREADY ESTAB- LISHED PICK-UP AND/OR DROP-OFF POINT ON AN ALREADY ESTABLISHED ROUTE OUTSIDE OF SUCH TWO OR THREE MILE DISTANCE LIMITATION. WRITTEN REQUESTS SHALL SPECIFY EXPLANATIONS FOR THE REQUEST, INCLUDING BUT NOT LIMITED TO ANY POTENTIAL HARDSHIPS OR HAZARDS TO THE CHILD'S SAFETY DUE TO THE PARENT OR GUARDIAN'S INABILITY TO ACCOMPANY THEIR CHILD TO OR FROM SCHOOL AS WELL AS THE PICK-UP AND/OR DROP-OFF POINT CLOSEST TO THE CHILD'S PLACE OF RESIDENCE. (II) UPON RECEIPT OF SUCH WRITTEN REQUEST, THE BOARD OF EDUCATION SHALL DETERMINE WHETHER THE CHILD SHALL BE PERMITTED TO USE AN ALREADY ESTABLISHED PICK-UP AND/OR DROP-OFF POINT AND SHALL PROVIDE A WRITTEN EXPLANATION TO THE PARENT OR GUARDIAN MAKING SUCH REQUEST AS TO THE REASONS FOR APPROVAL OR DENIAL FOR SUCH REQUEST. BEFORE THE BOARD OFEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02192-04-5 A. 1470--B 2
EDUCATION MAKES ITS DECISION, IT SHALL DETERMINE WHETHER PERMITTING THE CHILD TO USE AN ALREADY ESTABLISHED PICK-UP AND/OR DROP-OFF POINT WOULD INCUR ADDITIONAL COSTS TO THE SCHOOL DISTRICT THAT WOULD BE IN EXCESS OF THE AMOUNT APPROPRIATED IN THE SCHOOL DISTRICT BUDGET. IF IT IS DETER- MINED THAT SUCH REQUEST WOULD INCUR ADDITIONAL COSTS TO THE SCHOOL DISTRICT, THEN THE BOARD OF EDUCATION MUST IDENTIFY AND INCLUDE THE NATURE AND AMOUNT OF THE ADDITIONAL COSTS IN THE WRITTEN EXPLANATION TO THE PARENT OR GUARDIAN MAKING SUCH WRITTEN REQUEST AND RECEIVE APPROVAL OF THE QUALIFIED VOTERS OF THE DISTRICT AT THE ANNUAL MEETING BEFORE ALLOWING THE CHILD TO USE THE PICK-UP AND/OR DROP-OFF POINT FOR THE SCHOOL YEAR FOR WHICH TRANSPORTATION IS REQUESTED. IF SUCH WRITTEN REQUEST IS APPROVED BY THE BOARD OF EDUCATION, SUCH CHILD MAY BE PERMIT- TED TO USE THE PICK-UP AND/OR DROP-OFF POINT SPECIFIED IN THE REQUEST IMMEDIATELY. NOTHING IN THIS PARAGRAPH SHALL BE CONSTRUED TO REQUIRE THE BOARD OF EDUCATION TO HOLD A SPECIAL MEETING OF THE DISTRICT IN ORDER TO APPROVE SUCH REQUEST BY A PARENT OR GUARDIAN. S 2. This act shall take effect immediately.