S595-2011 - NY Senate Open Legislation - Allows boards of education to provide certain children transportation to school for a lesser distance than two miles

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.

Sponsor: FUSCHILLO / Co-sponsor(s): AVELLA, GOLDEN, HANNON, LARKIN
Law Section: Education Law / Law: Amd S3635, Ed L

S595-2011 Actions

Apr 25, 2012: ADVANCED TO THIRD READING
Apr 19, 2012: 2ND REPORT CAL.
Apr 18, 2012: 1ST REPORT CAL.513
Mar 6, 2012: REPORTED AND COMMITTED TO FINANCE
Jan 4, 2012: REFERRED TO EDUCATION
Jan 4, 2012: returned to senate
Jan 4, 2012: died in assembly
Jun 14, 2011: referred to education
Jun 14, 2011: DELIVERED TO ASSEMBLY
Jun 14, 2011: PASSED SENATE
May 4, 2011: ADVANCED TO THIRD READING
May 3, 2011: 2ND REPORT CAL.
May 2, 2011: 1ST REPORT CAL.411
Mar 8, 2011: REPORTED AND COMMITTED TO FINANCE
Jan 5, 2011: REFERRED TO EDUCATION

S595-2011 Meetings

Education: Mar 6, 2012, Education: Mar 8, 2011, Finance: Apr 18, 2012, Finance: May 2, 2011

S595-2011 Calendars

S595-2011 Votes

VOTE: COMMITTEE VOTE: - Education - Mar 8, 2011

Ayes (16): Flanagan, Farley, Lanza, LaValle, Marcellino, Maziarz, Robach, Saland, Oppenheimer, Addabbo, Avella, Breslin, Montgomery, Serrano, Stavisky, Huntley
Ayes W/R (2): Ranzenhofer, Seward

VOTE: COMMITTEE VOTE: - Finance - May 2, 2011

Ayes (30): DeFrancisco, Johnson, Alesi, Bonacic, Farley, Flanagan, Fuschillo, Golden, Hannon, Lanza, Larkin, LaValle, Little, Marcellino, Nozzolio, Robach, Saland, Seward, Young, Breslin, Diaz, Dilan, Duane, Gianaris, Montgomery, Parker, Peralta, Perkins, Stavisky, Stewart-Cousins
Ayes W/R (3): Krueger, Kruger, Rivera
Excused (1): Oppenheimer

VOTE: FLOOR VOTE: - Jun 14, 2011

Ayes (62): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thompson, Huntley, Johnson, Kennedy, Klein, Krueger, Kruger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousins, Valesky, Young, Zeldin

VOTE: COMMITTEE VOTE: - Education - Mar 6, 2012

Ayes (17): Flanagan, Farley, Lanza, LaValle, Marcellino, Maziarz, Ranzenhofer, Robach, Saland, Seward, Addabbo, Avella, Breslin, Montgomery, Serrano, Stavisky, Huntley
Excused (1): Oppenheimer

VOTE: COMMITTEE VOTE: - Finance - Apr 18, 2012

Ayes (31): DeFrancisco, Johnson, Alesi, Bonacic, Farley, Flanagan, Fuschillo, Golden, Griffo, Lanza, Larkin, Little, Marcellino, Nozzolio, Robach, Saland, Seward, Young, Krueger, Breslin, Diaz, Dilan, Duane, Gianaris, Montgomery, Peralta, Perkins, Rivera, Stavisky, Stewart-Cousins, Squadron
Ayes W/R (1): LaValle
Nays (1): Parker
Excused (2): Hannon, Oppenheimer

S595-2011 Memo

BILL NUMBER:S595          REVISED 04/20/12

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(a) of the
Education Law to add subdivision (i) and (ii).

Subdivision (i) of the education law would 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.

Subdivision (ii) is added to require proof of physically limiting
disability be certified by a physician on a form prescribed by the
department.

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:
2011: Passed Senate (S.595/A.4760)
2010: Passed Senate (S.44/A.6429)


2009: Advanced to Third Reading (S.44/A.6429)
2008: Similar bill (S.1543) Veto
 106

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
The first of July next succeeding the date on which it shall
have become a law.

S595-2011 Text

 S T A T E   O F   N E W   Y O R K
 
                                           595
 2011-2012 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 5, 2011
 
 Introduced  by Sens. FUSCHILLO, GOLDEN, HANNON, LARKIN -- 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
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00468-01-1
        S. 595                              2
 distance  than  fifteen  miles  may be provided by the district, and, if
 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.

S595-2011: Allows boards of education to provide certain children transportation to school for a lesser distance than two miles