Bill Text: NY S06304 | 2011-2012 | General Assembly | Introduced
Bill Title: Reduces the distance of mandatory school transportation to 25 miles.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-02-29 - RECOMMIT, ENACTING CLAUSE STRICKEN [S06304 Detail]
Download: New_York-2011-S06304-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 6304 I N S E N A T E January 24, 2012 ___________ Introduced by Sen. CARLUCCI -- 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 providing mandate relief to local school districts THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Paragraph d of subdivision 4 of section 4402 of the educa- 2 tion law, as amended by chapter 646 of the laws of 1992, is amended to 3 read as follows: 4 d. Notwithstanding any other provision of law, such board shall 5 provide suitable transportation up to a distance of [fifty] TWENTY-FIVE 6 miles to and from a nonpublic school which a child with a handicapping 7 condition attends OR FIFTY MILES FROM A NONPUBLIC SCHOOL FOR SCHOOL 8 DISTRICTS LOCATED ENTIRELY OR PARTIALLY IN ANY COUNTY WITH LESS THAN TWO 9 HUNDRED THOUSAND POPULATION OR ANY TOWN WHICH HAS A POPULATION OF LESS 10 THAN ONE HUNDRED FIFTY PERSONS PER SQUARE MILE if such child has been so 11 identified by the local committee on special education and such child 12 attends such school for the purpose of receiving services or programs 13 similar to special educational programs recommended for such child by 14 the local committee on special education. 15 S 2. Subdivision 8 of section 4410 of the education law, as amended by 16 chapter 474 of the laws of 1996, is amended to read as follows: 17 8. Transportation. The municipality in which a preschool child resides 18 shall, beginning with the first day of service, provide either directly 19 or by contract for suitable transportation, as determined by the board, 20 to and from special services or programs; provided, however, that if the 21 municipality is a city with a population of one million or more persons 22 the municipality may delegate the authority to provide such transporta- 23 tion to the board; and provided further, that prior to providing such 24 transportation directly or contracting with another entity to provide 25 such transportation, such municipality or board shall request and 26 encourage the parents to transport their children at public expense, 27 where cost-effective, at a rate per mile or a public service fare estab- 28 lished by the municipality and approved by the commissioner. Except as EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14116-01-2 S. 6304 2 1 otherwise provided in this section, the parents' inability or declina- 2 tion to transport their child shall in no way [effect] AFFECT the 3 municipality's or board's responsibility to provide recommended 4 services. Such transportation shall be provided once daily from the 5 child care location to the special service or program and once daily 6 from the special service or program to the child care location up to 7 [fifty] TWENTY-FIVE miles from the child care location, OR FIFTY MILES 8 FROM THE CHILD CARE LOCATION FOR SCHOOL DISTRICTS LOCATED ENTIRELY OR 9 PARTIALLY IN ANY COUNTY WITH LESS THAN TWO HUNDRED THOUSAND POPULATION 10 OR ANY TOWN WHICH HAS A POPULATION OF LESS THAN ONE HUNDRED FIFTY 11 PERSONS PER SQUARE MILE. If the board determines that a child must 12 receive special services and programs at a location greater than [fifty 13 miles] THE ALLOWED DISTANCE from the child care location, it shall 14 request approval of the commissioner. For the purposes of this subdivi- 15 sion, the term "child care location" shall mean a child's home or a 16 place where care for less than twenty-four hours a day is provided on a 17 regular basis and includes, but is not limited to, a variety of child 18 care services such as day care centers, family day care homes and 19 in-home care by persons other than parents. All transportation of such 20 children shall be provided pursuant to the procedures set forth in 21 section two hundred thirty-six of the family court act using the date 22 called for in the written notice of determination of the board or the 23 date of the written notice of determination of the board, whichever 24 comes later, in lieu of the date the court order was issued. 25 S 3. This act shall take effect immediately.