Allows boards of education to provide transportation to and from school for a child for a lesser distance than two miles if the parent or guardian of the child has a physically limiting disability which renders him or her unable to accompany the child to and from school.
Ayes (61): Adams, Addabbo, Alesi, Aubertine, Bonacic, Breslin, DeFrancisco, Diaz, Dilan, Duane, Espada, Farley, Flanagan, Foley, Fuschillo, Golden, Griffo, Hannon, Hassell-Thomps, Huntley, Johnson C, Johnson O, Klein, Krueger, Kruger, Lanza, Larkin, LaValle, Leibell, Libous, Little, Marcellino, Maziarz, McDonald, Montgomery, Nozzolio, Onorato, Oppenheimer, Padavan, Parker, Peralta, Perkins, Ranzenhofer, Robach, Saland, Sampson, Savino, Schneiderman, Serrano, Seward, Skelos, Smith, Squadron, Stachowski, Stavisky, Stewart-Cousins, Thompson, Valesky, Volker, Winner, Young
Excused (1): Morahan
BILL NUMBER: S44
TITLE OF BILL : An act to amend the education law, in relation to permitting boards of education to grant parents or guardians, physically limited by a disability, the ability to obtain bus services for their children
PURPOSE : To allow parents or guardians, who are physically limited by a disability, the ability to obtain bus services for their children under the currently prescribed minimum limits applicable to school districts in New York State.
SUMMARY OF PROVISIONS : Section one of this legislation would amend section 3635 of the education law to permit the transportation of children by a school district, when the child lives at a distance which is less than the distance at which transportation must be provided. Upon the adoption of a resolution by the board of education determining that the parent or guardian of a child has a physically limiting disability and that transportation would be in the best interest of the child, transportation by a school district would be permitted for that child.
EXISTING LAW : Current law requires a school district to provide transportation for all children attending grades kindergarten through eight who live more than two miles from the school which they legally attend and for children attending grades nine through twelve who live more than three miles from the school which they legally attend. Transportation shall be provided for such children up to a distance of fifteen miles, the distances in each case being measure by the nearest available route from home to school.
JUSTIFICATION : Several school children live in close proximity to the school they legally attend, and are therefore not qualified to receive school district transportation, leaving the child and/or their parents and guardians to provide some other method of transportation for that child to school. In some cases, the parent of such child has a physically limiting disability and is therefore unable to assist the child, by driving them, or to supervise the child, by walking with them, to ensure the child's safety to and from school. This legislation would permit a school board of education to adopt a resolution and provide transportation for children when their parent or guardian has a physically limiting disability.
LEGISLATIVE HISTORY : 2008: Similar bill (S.1543) Veto 106
FISCAL IMPLICATIONS : None to state.
EFFECTIVE DATE : The 1st of July next succeeding the date on which it shall have become a law.
STATE OF NEW YORK ________________________________________________________________________ 44 2009-2010 Regular Sessions IN SENATE (PREFILED) January 7, 2009 ___________Introduced by Sen. FUSCHILLO -- read twice and ordered printed, and when printed to be committed to the Committee on Education AN ACT to amend the education law, in relation to permitting boards of education to grant parents or guardians, physically limited by a disa- bility, the ability to obtain bus services for their children THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph a of subdivision 1 of section 3635 of the educa- tion law, as amended by chapter 69 of the laws of 1992, is amended to read as follows: a. (I) Sufficient transportation facilities (including the operation and maintenance of motor vehicles) shall be provided by the school district for all the children residing within the school district to and from the school they legally attend, who are in need of such transporta- tion because of the remoteness of the school to the child or for the promotion of the best interest of such children. Such transportation shall be provided for all children attending grades kindergarten through eight who live more than two miles from the school which they legally attend and for all children attending grades nine through twelve who live more than three miles from the school which they legally attend and shall be provided for each such child up to a distance of fifteen miles, the distances in each case being measured by the nearest available route from home to school. The cost of providing such transportation between two or three miles, as the case may be, and fifteen miles shall be considered for the purposes of this chapter to be a charge upon the district and an ordinary contingent expense of the district. Transporta- tion for a lesser distance than two miles in the case of children attending grades kindergarten through eight or three miles in the case of children attending grades nine through twelve and for a greater distance than fifteen miles may be provided by the district, and, ifEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00951-01-9 S. 44 2
provided, shall be offered equally to all children in like circumstances residing in the district AND MAY, UPON A RESOLUTION ADOPTED BY THE BOARD OF EDUCATION AND FOR A PERIOD OF TIME AS APPROVED BY THE BOARD OF EDUCA- TION, BE PROVIDED FOR SUCH LESSER DISTANCES BASED UPON SUCH BOARD'S DETERMINATION THAT THE PARENT OR GUARDIAN OF A CHILD HAS A PHYSICALLY LIMITING DISABILITY WHICH RENDERS HIM OR HER UNABLE TO ACCOMPANY THE CHILD TO OR FROM SCHOOL; provided, however, that this requirement shall not apply to transportation offered pursuant to section thirty-six hundred thirty-five-b of this article. (II) PROOF OF A PHYSICALLY LIMITING DISABILITY WHICH RENDERS A PARENT OR GUARDIAN OF A CHILD UNABLE TO ACCOMPANY THE CHILD TO OR FROM SCHOOL SHALL BE CERTIFIED BY A DOCTOR IN A FORM TO BE PRESCRIBED BY THE DEPART- MENT. S 2. This act shall take effect on the first of July next succeeding the date on which it shall have become a law.