Bill Text: NY A09978 | 2013-2014 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2014-06-05 - referred to education [A09978 Detail]

Download: New_York-2013-A09978-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         9978
                                 I N  A S S E M B L Y
                                     June 5, 2014
                                      ___________
       Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Cusick) --
         read once and referred 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:
    1    Section 1.  Paragraph a of subdivision 1 of section 3635 of the educa-
    2  tion law, as amended by section 11 of part A of chapter 97 of  the  laws
    3  of 2011, is amended to read as follows:
    4    a.  Sufficient  transportation facilities (including the operation and
    5  maintenance of motor vehicles) shall be provided by the school  district
    6  for all the children residing within the school district to and from the
    7  school  they  legally  attend,  who  are  in need of such transportation
    8  because of the remoteness  of  the  school  to  the  child  or  for  the
    9  promotion  of  the  best interest of such children.  Such transportation
   10  shall be provided for all children attending grades kindergarten through
   11  eight who live more than two miles from the school  which  they  legally
   12  attend  and  for  all  children attending grades nine through twelve who
   13  live more than three miles from the school which they legally attend and
   14  shall be provided for each such child up to a distance of fifteen miles,
   15  the distances in each case being measured by the nearest available route
   16  from home to school; PROVIDED, HOWEVER, THAT THE BOARD OF  EDUCATION  OF
   17  ANY  SCHOOL  DISTRICT  SHALL, UPON WRITTEN PETITION OF A PARENT OR OTHER
   18  PERSON IN PARENTAL RELATION OF A CHILD RESIDING WITHIN SUCH DISTRICT  OR
   19  OF  ANY  REPRESENTATIVE  AUTHORIZED  BY  SUCH  PARENT OR OTHER PERSON IN
   20  PARENTAL  RELATION,  SIGNED  BY  TWENTY-FIVE  QUALIFIED  VOTERS  OF  THE
   21  DISTRICT OR FIVE PERCENT OF THE NUMBER OF VOTERS WHO VOTED IN THE PREVI-
   22  OUS  ANNUAL ELECTION OF THE MEMBERS OF THE BOARD OF EDUCATION, WHICHEVER
   23  IS GREATER, MAKE AN INVESTIGATION TO DETERMINE WHETHER CHILDREN RESIDING
   24  WITHIN THE TWO OR THREE MILE DESIGNATED AREA MAY FOR SAFETY REASONS  USE
   25  AN  ALREADY ESTABLISHED PICK UP/DROP OFF LOCATION OUTSIDE OF SUCH TWO OR
   26  THREE MILE DESIGNATED AREA. PETITIONS SHALL SPECIFY THE GEOGRAPHIC BOUN-
   27  DARIES DETAILING POTENTIAL HAZARDS TO  CHILD  SAFETY.  PETITIONS  AND/OR
   28  ADDITIONAL  WRITTEN  REQUESTS  FROM  INDIVIDUAL  PARENTS  OR  PERSONS IN
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10167-03-3
       A. 9978                             2
    1  PARENTAL RELATION REQUESTING TRANSPORTATION MAY  BE  SUBMITTED  PROVIDED
    2  THAT  SUCH  PETITIONS  AND/OR REQUESTS SHALL NOT BE SUBMITTED LATER THAN
    3  THE FIRST DAY OF MARCH PRECEDING THE SCHOOL YEAR FOR  WHICH  TRANSPORTA-
    4  TION  IS  REQUESTED. THE BOARD OF EDUCATION SHALL MAKE ITS DETERMINATION
    5  BEFORE SUCH BOARD PRESENTS THE BUDGET FOR  THE  SCHOOL  YEAR  FOR  WHICH
    6  TRANSPORTATION  IS  REQUESTED.    THE PARENT OR OTHER PERSON IN PARENTAL
    7  RELATION OF A CHILD NOT RESIDING IN THE DISTRICT ON  THE  FIRST  DAY  OF
    8  MARCH  MAY  SUBMIT A REQUEST WITHIN THIRTY DAYS AFTER ESTABLISHING RESI-
    9  DENCE IN THE DISTRICT, BUT IN NO EVENT LATER THAN THE FIRST DAY OF  JULY
   10  OF  THE  SCHOOL YEAR FOR WHICH TRANSPORTATION IS REQUESTED AND THE BOARD
   11  OF EDUCATION SHALL MAKE ITS DETERMINATION WITHIN THIRTY DAYS OF  RECEIPT
   12  OF  SUCH REQUEST.  The cost of providing such transportation between two
   13  or three miles, as the case may be, and fifteen miles shall  be  consid-
   14  ered  for  the purposes of this chapter to be a charge upon the district
   15  and an ordinary contingent expense of the district. Transportation for a
   16  lesser distance than two miles in the case of children attending  grades
   17  kindergarten  through  eight  or  three  miles  in  the case of children
   18  attending grades nine through twelve and for  a  greater  distance  than
   19  fifteen  miles  may be provided by the district with the approval of the
   20  qualified voters, and, if provided, shall  be  offered  equally  to  all
   21  children  in  like  circumstances  residing  in  the district; provided,
   22  however, that this requirement shall not apply to transportation offered
   23  pursuant to section thirty-six hundred thirty-five-b of this article.
   24    S 2. This act shall take effect on the first of July  next  succeeding
   25  the  date  on which it shall have become a law; provided that the amend-
   26  ments to paragraph a of subdivision 1 of section 3635 of  the  education
   27  law  made  by section one of this act shall not affect the expiration of
   28  such paragraph and shall be deemed to expire therewith.