Allows board of education to provide transportation to school for a child living a lesser distance than two miles from school if the parent or guardian of the child has a physically limiting impairment and is unable to accompany the child to and from school.
TITLE OF BILL: An act to amend the education law, in relation to the transportation of children residing in a school district
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 1. of this legislation would amend section 3635 of the education law to permit the transportation of a child by a school district when the child lives at a distance which is less than the distance that transportation must be provided. Upon the adoption of a resolution by the board of education or trustees of any school district, transportation may be offered on an equitable basis to children who have a parent/legal guardian with a physically limiting impairment which prohibits the parent/legal guardian from accompanying their child to or from school as certified by their physician, physician assistant or nurse practitioner.
Section 2. Effective Date
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 the Senate (S.595) 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.
STATE OF NEW YORK ________________________________________________________________________ 595--A Cal. No. 513 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________Introduced by Sens. FUSCHILLO, AVELLA, GOLDEN, HANNON, LARKIN -- read twice and ordered printed, and when printed to be committed to the Committee on Education -- recommitted to the Committee on Education in accordance with Senate Rule 6, sec. 8 -- reported favorably from said committee and committed to the Committee on Finance -- reported favor- ably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading AN ACT to amend the education law, in relation to the transportation of children residing in a school district 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. 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 theEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00468-05-2 S. 595--A 2
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 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 transporta- tion offered pursuant to section thirty-six hundred thirty-five-b of this article; PROVIDED FURTHER THAT THIS REQUIREMENT SHALL NOT APPLY TO TRANSPORTATION THAT MAY, UPON A RESOLUTION ADOPTED BY THE BOARD OF EDUCATION OR TRUSTEES OF ANY SCHOOL DISTRICT, BE OFFERED ON AN EQUITABLE BASIS TO PROVIDE TRANSPORTATION FOR A LESSER DISTANCE THAN WHAT IS REQUIRED PURSUANT TO THIS SUBDIVISION TO CHILDREN WHO HAVE A PARENT OR LEGAL GUARDIAN WITH A PHYSICALLY LIMITING IMPAIRMENT WHICH PROHIBITS SUCH PARENT OR LEGAL GUARDIAN FROM ACCOMPANYING THEIR CHILD TO OR FROM SCHOOL, AS CERTIFIED BY THEIR PHYSICIAN, PHYSICIAN ASSISTANT OR NURSE PRACTITIONER. 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.