Bill Text: NY A04832 | 2019-2020 | General Assembly | Introduced


Bill Title: Requires school districts to establish a medical hardship waiver policy to grant or deny permission to certain students to use established pick-up and drop-off points on established bus routes.

Spectrum: Slight Partisan Bill (Democrat 4-2)

Status: (Introduced) 2019-06-11 - reported referred to rules [A04832 Detail]

Download: New_York-2019-A04832-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          4832
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 5, 2019
                                       ___________
        Introduced  by M. of A. CUSICK, McDONOUGH, OTIS -- Multi-Sponsored by --
          M. of A. SIMON -- read once and referred to the Committee on Education
        AN ACT to amend the education  law,  in  relation  to  requiring  school
          districts  to  establish  a medical hardship waiver policy to grant or
          deny permission to certain students to  use  established  pick-up  and
          drop-off points on established bus routes
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 1 of section  3635  of  the  education  law  is
     2  amended by adding a new paragraph h to read as follows:
     3    h.  (i) The board of education or trustees of each school district and
     4  the city school district of New York shall develop  a  medical  hardship
     5  waiver  policy  to grant or deny permission to children attending grades
     6  kindergarten through eight who live within two  miles  from  the  school
     7  which they legally attend and for children attending grades nine through
     8  twelve  who  live  within three miles from the school which they legally
     9  attend to use already established  pick-up  and/or  drop-off  points  on
    10  already established bus routes.
    11    (ii)  The  medical  hardship  waiver  policy  established  pursuant to
    12  subparagraph (i) of this paragraph shall include:
    13    (1) a formal request procedure for a parent or guardian to  request  a
    14  medical  hardship waiver based upon a serious medical condition suffered
    15  by the child, parent or guardian and the resulting  hardship  in  trans-
    16  porting the child to and/or from school;
    17    (2)  a  requirement for submission of medical documentation, certified
    18  by a physician or other duly authorized health care provider, of a diag-
    19  nosis of a serious medical condition with a description of  the  limita-
    20  tions  resulting  from  such diagnosis and the approximate duration that
    21  such limitations will be suffered by the child, parent or guardian;
    22    (3) a requirement for submission of documentation of the nature of the
    23  hardship including the inability of the child to safely travel to and/or
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00111-01-9

        A. 4832                             2
     1  from school without the requested medical  hardship  waiver  or  of  the
     2  inability  of  the  parent  or guardian to safely transport the child to
     3  and/or from school due to the parent or  guardian  suffering  a  serious
     4  medical condition;
     5    (4)  consideration  of  the  cost, if any, that would be incurred by a
     6  school district in granting the medical hardship request for such trans-
     7  portation;
     8    (5) a requirement of a written acceptance or  denial  of  the  medical
     9  hardship  request  upon a vote of the school board and that such written
    10  acceptance or denial shall be provided to the requesting parent or guar-
    11  dian within one hundred eighty days of the submission  of  the  request;
    12  and
    13    (6)  any  other provisions or considerations deemed appropriate by the
    14  school district.
    15    (iii) Nothing in this paragraph shall be construed to  require  school
    16  districts to create new bus stops or routes to accommodate such request.
    17    (iv)  Transportation  for a lesser distance than two miles in the case
    18  of children attending grades kindergarten through eight or  three  miles
    19  in  the  case  of  children  attending grades nine through twelve may be
    20  provided through an approved medical hardship waiver  pursuant  to  this
    21  paragraph  without  the  approval  of  qualified  voters and without any
    22  requirement to offer such transportation equally to all children in like
    23  circumstances residing in the district.
    24    (v) The cost of providing such transportation shall be a  charge  upon
    25  the  district and for the purposes of subdivision seven of section thir-
    26  ty-six hundred two of this article,  such  pupils  shall  be  considered
    27  nonallowable  pupils  and the costs of their transportation shall not be
    28  aidable.
    29    § 2. Paragraph a of subdivision 1 of section  3635  of  the  education
    30  law,  as  amended  by  section 11 of part A of chapter 97 of the laws of
    31  2011, is amended to read as follows:
    32    a. Sufficient transportation facilities (including the  operation  and
    33  maintenance  of motor vehicles) shall be provided by the school district
    34  for all the children residing within the school district to and from the
    35  school they legally attend, who  are  in  need  of  such  transportation
    36  because  of  the  remoteness  of  the  school  to  the  child or for the
    37  promotion of the best interest of such children.    Such  transportation
    38  shall be provided for all children attending grades kindergarten through
    39  eight  who  live  more than two miles from the school which they legally
    40  attend or who are granted a waiver  pursuant  to  paragraph  h  of  this
    41  subdivision  and  for  all children attending grades nine through twelve
    42  who live more than three miles from the school which they legally attend
    43  or who are granted a waiver pursuant to paragraph h of this  subdivision
    44  and  shall  be  provided for each such child up to a distance of fifteen
    45  miles, the distances in each case being measured by the  nearest  avail-
    46  able  route  from home to school. The cost of providing such transporta-
    47  tion between two or three miles or pursuant to such  a  waiver,  as  the
    48  case  may  be, and fifteen miles shall be considered for the purposes of
    49  this chapter to be a charge upon the district and an ordinary contingent
    50  expense of the district. Transportation for a lesser distance  than  two
    51  miles  in  the  case  of  children attending grades kindergarten through
    52  eight or three miles in the  case  of  children  attending  grades  nine
    53  through  twelve  and  for  a  greater distance than fifteen miles may be
    54  provided by the district with the approval of the qualified voters, and,
    55  if provided, shall be offered equally to all children  in  like  circum-
    56  stances  residing in the district; provided, however, that this require-

        A. 4832                             3
     1  ment shall not apply to transportation offered pursuant to section thir-
     2  ty-six hundred thirty-five-b of this article or pursuant to paragraph  h
     3  of this subdivision.
     4    §  3.  Paragraph  a  of subdivision 1 of section 3635 of the education
     5  law, as amended by chapter 69 of the laws of 1992, is amended to read as
     6  follows:
     7    a. Sufficient transportation facilities (including the  operation  and
     8  maintenance  of motor vehicles) shall be provided by the school district
     9  for all the children residing within the school district to and from the
    10  school they legally attend, who  are  in  need  of  such  transportation
    11  because  of  the  remoteness  of  the  school  to  the  child or for the
    12  promotion of the best interest of  such  children.  Such  transportation
    13  shall be provided for all children attending grades kindergarten through
    14  eight  who  live  more than two miles from the school which they legally
    15  attend or who are granted a waiver  pursuant  to  paragraph  h  of  this
    16  subdivision  and  for  all children attending grades nine through twelve
    17  who live more than three miles from the school which they legally attend
    18  or who are granted a waiver pursuant to paragraph h of this  subdivision
    19  and  shall  be  provided for each such child up to a distance of fifteen
    20  miles, the distances in each case being measured by the  nearest  avail-
    21  able  route  from home to school. The cost of providing such transporta-
    22  tion between two or three miles or pursuant to such  a  waiver,  as  the
    23  case  may  be, and fifteen miles shall be considered for the purposes of
    24  this chapter to be a charge upon the district and an ordinary contingent
    25  expense of the district.  Transportation for a lesser distance than  two
    26  miles  in  the  case  of  children attending grades kindergarten through
    27  eight or three miles in the  case  of  children  attending  grades  nine
    28  through  twelve  and  for  a  greater distance than fifteen miles may be
    29  provided by the district, and, if provided, shall be offered equally  to
    30  all  children  in like circumstances residing in the district; provided,
    31  however, that this requirement shall not apply to transportation offered
    32  pursuant to section thirty-six hundred thirty-five-b of this article  or
    33  pursuant to paragraph h of this subdivision.
    34    §  4.  Paragraph  d  of subdivision 7 of section 3602 of the education
    35  law, as amended by section 22 of part C of chapter 57  of  the  laws  of
    36  2004, is amended to read as follows:
    37    d.  In  determining  approved  transportation  operating  expense  for
    38  district-owned transportation and approved transportation capital,  debt
    39  service  and  lease  expense  pursuant  to paragraphs b, c and e of this
    40  subdivision and part two of this article, the commissioner shall make  a
    41  deduction  from  the total transportation expense for the transportation
    42  of nonallowable pupils, and for that portion of the total annual mileage
    43  of district-owned school buses that is not aidable  because  it  is  not
    44  included  in  the  total  annual allowable mileage as defined in section
    45  thirty-six hundred twenty-one of this article, provided that such calcu-
    46  lations shall be made pursuant to regulations of the  commissioner,  and
    47  further provided that such regulations shall provide for an exclusion of
    48  pupil  miles  for  transportation provided on a space-available basis to
    49  pupils attending an approved universal prekindergarten program  pursuant
    50  to  section  thirty-six  hundred two-e of this [article] part as well as
    51  pupils transported under a medical hardship waiver pursuant to paragraph
    52  h of subdivision one of section thirty-six hundred thirty-five  of  this
    53  article that [does] do not result in additional transportation costs.
    54    § 5. The commissioner of education may promulgate such rules and regu-
    55  lations  as  he or she deems necessary to carry out the purposes of this
    56  act.

        A. 4832                             4
     1    § 6. This act shall take effect immediately; provided,  however,  that
     2  the  amendments  to  paragraph a of subdivision 1 of section 3635 of the
     3  education law made by section two of this act shall be  subject  to  the
     4  expiration  and  reversion  of  such paragraph pursuant to section 13 of
     5  part  A  of  chapter  97 of the laws of 2011, as amended, when upon such
     6  date the provisions of section three of this act shall take effect.
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