Allows boards of education, upon written petition of twenty-five qualified voters or five percent of the number of voters who voted in the previous annual election of the members of the board of education, whichever is greater, 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.
Ayes (60): Adams, Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Smith, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
Nays (2): Gipson, Krueger
Excused (1): Squadron
TITLE OF BILL: An act to amend the education law, in relation to authorizing boards of education to provide certain children transportation to school
PURPOSE: Allows boards of education to provide certain children transportation to school for a lesser distance than two miles
SUMMARY OF PROVISIONS: Section 1. amends subdivision 1 f section 3635 of the education law to allow for a child residing within the two or three mile designated area to upon approval of the school use and already established pick up/drop off location outside of the designated area.
Section 2. Effective date
EXISTING LAW: Current law only allows for
JUSTIFICATION: This legislation would permit students who live within the two or three mile designated area to upon approval of the board to access transportation at an already established pick up and drop off location outside of the two or three mile designated area. Giving school districts this flexibility would allow them to make determinations on a case by case basis taking into consideration factors such as availability of seating on current buses traveling on established routes and the safety of routes for students who live within two or three mile designated area traveling to school.
LEGISLATIVE HISTORY: New Bill
FISCAL IMPLICATIONS: None
EFFECTIVE DATE: The first of July next succeeding the date on which it shall have become law.
STATE OF NEW YORK ________________________________________________________________________ 5394 2013-2014 Regular Sessions IN SENATE May 16, 2013 ___________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 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. Paragraph a of subdivision 1 of section 3635 of the educa- tion law, as amended by section 11 of part A of chapter 97 of the laws of 2011, is amended to read as follows: a. 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 transportation 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; PROVIDED, HOWEVER, THAT THE BOARD OF EDUCATION OF ANY SCHOOL DISTRICT SHALL, UPON WRITTEN PETITION OF A PARENT OR OTHER PERSON IN PARENTAL RELATION OF A CHILD RESIDING WITHIN SUCH DISTRICT OR OF ANY REPRESENTATIVE AUTHORIZED BY SUCH PARENT OR OTHER PERSON IN PARENTAL RELATION, SIGNED BY TWENTY-FIVE QUALIFIED VOTERS OF THE DISTRICT OR FIVE PERCENT OF THE NUMBER OF VOTERS WHO VOTED IN THE PREVI- OUS ANNUAL ELECTION OF THE MEMBERS OF THE BOARD OF EDUCATION, WHICHEVER IS GREATER, MAKE AN INVESTIGATION TO DETERMINE WHETHER CHILDREN RESIDING WITHIN THE TWO OR THREE MILE DESIGNATED AREA MAY FOR SAFETY REASONS USE AN ALREADY ESTABLISHED PICK UP/DROP OFF LOCATION OUTSIDE OF SUCH TWO OREXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10167-03-3 S. 5394 2
THREE MILE DESIGNATED AREA. PETITIONS SHALL SPECIFY THE GEOGRAPHIC BOUN- DARIES DETAILING POTENTIAL HAZARDS TO CHILD SAFETY. PETITIONS AND/OR ADDITIONAL WRITTEN REQUESTS FROM INDIVIDUAL PARENTS OR PERSONS IN PARENTAL RELATION REQUESTING TRANSPORTATION MAY BE SUBMITTED PROVIDED THAT SUCH PETITIONS AND/OR REQUESTS SHALL NOT BE SUBMITTED LATER THAN THE FIRST DAY OF MARCH PRECEDING THE SCHOOL YEAR FOR WHICH TRANSPORTA- TION IS REQUESTED. THE BOARD OF EDUCATION SHALL MAKE ITS DETERMINATION BEFORE SUCH BOARD PRESENTS THE BUDGET FOR THE SCHOOL YEAR FOR WHICH TRANSPORTATION IS REQUESTED. THE PARENT OR OTHER PERSON IN PARENTAL RELATION OF A CHILD NOT RESIDING IN THE DISTRICT ON THE FIRST DAY OF MARCH MAY SUBMIT A REQUEST WITHIN THIRTY DAYS AFTER ESTABLISHING RESI- DENCE IN THE DISTRICT, BUT IN NO EVENT LATER THAN THE FIRST DAY OF JULY OF THE SCHOOL YEAR FOR WHICH TRANSPORTATION IS REQUESTED AND THE BOARD OF EDUCATION SHALL MAKE ITS DETERMINATION WITHIN THIRTY DAYS OF RECEIPT OF SUCH REQUEST. The cost of providing such transportation between two or three miles, as the case may be, and fifteen miles shall be consid- ered for the purposes of this chapter to be a charge upon the district and an ordinary contingent expense of the district. Transportation 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 with the approval of the qualified voters, and, if provided, shall be offered equally to all children in like circumstances residing in the district; provided, however, that this requirement shall not apply to transportation offered pursuant to section thirty-six hundred thirty-five-b of this article. S 2. This act shall take effect on the first of July next succeeding the date on which it shall have become a law; provided that the amend- ments to paragraph a of subdivision 1 of section 3635 of the education law made by section one of this act shall not affect the expiration of such paragraph and shall be deemed to expire therewith.