S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         5784

                              2009-2010 Regular Sessions

                                   I N  S E N A T E

                                     June 4, 2009
                                      ___________

       Introduced  by  Sens.  SAVINO, GOLDEN -- 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  reimbursement  of
         certain  transportation  costs provided by the district for public and
         non-public schools

         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section  1.  Section  3635 of the education law is amended by adding a
    2  new subdivision 8 to read as follows:
    3    8. A. NOTWITHSTANDING ANY OTHER  PROVISION  OF  THIS  SECTION  TO  THE
    4  CONTRARY,  ANY  CITY  SCHOOL  DISTRICT  WHICH SHALL BE AIDABLE IN A CITY
    5  HAVING A POPULATION IN EXCESS OF ONE MILLION OR MORE INHABITANTS PROVID-
    6  ING TRANSPORTATION PURSUANT TO THIS CHAPTER  SHALL  BE  RESPONSIBLE  FOR
    7  PAYING  DIRECTLY  TO  PUBLIC AND NON-PUBLIC SCHOOLS THE COST INCURRED BY
    8  PUBLIC AND NON-PUBLIC SCHOOLS  OF  PROVIDING  TRANSPORTATION  FOR  THOSE
    9  CHILDREN  ATTENDING SUCH PUBLIC AND NON-PUBLIC SCHOOLS IN GRADES KINDER-
   10  GARTEN THROUGH SIX WHO REMAIN AT THE SAME  SCHOOL  FOR  WHICH  THEY  ARE
   11  ENROLLED  FOR REGULARLY SCHEDULED ACADEMIC CLASSES UNTIL FIVE O'CLOCK IN
   12  THE AFTERNOON, OR LATER, ON WEEKDAYS AND RESIDE AT LEAST  ONE-HALF  MILE
   13  FROM THEIR SCHOOL OF ATTENDANCE FOR GRADES KINDERGARTEN THROUGH TWO, AND
   14  AT  LEAST  ONE  MILE  FROM  THEIR  SCHOOL OF ATTENDANCE FOR GRADES THREE
   15  THROUGH SIX.  ALL SUCH TRANSPORTATION FOR CHILDREN IN GRADES  KINDERGAR-
   16  TEN THROUGH GRADE SIX SHALL BE PROVIDED ON SCHOOL BUSES.
   17    B.  THE  COST  TO  THE  CITY SCHOOL DISTRICT WHICH SHALL BE AIDABLE OF
   18  PROVIDING SUCH TRANSPORTATION SHALL BE CONSIDERED FOR  THE  PURPOSES  OF
   19  THIS  CHAPTER  TO BE A CHARGE UPON THE CITY SCHOOL DISTRICT AND AN ORDI-
   20  NARY CONTINGENT EXPENSE TO THE CITY SCHOOL DISTRICT,  SO  LONG  AS  SUCH
   21  CHILD  OR  CHILDREN  SHALL  BE  OTHERWISE  ELIGIBLE FOR THE PROVISION OF
   22  TRANSPORTATION PURSUANT TO THIS SECTION, AND THE PARENT OR  GUARDIAN  OR
   23  ANY  REPRESENTATIVE  AUTHORIZED  BY  SUCH  PARENT OR GUARDIAN SHALL HAVE
   24  NOTIFIED THE CITY SCHOOL DISTRICT IN WRITING IN THE SAME MANNER AND UPON

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11629-04-9
       S. 5784                             2

    1  THE SAME DATES AS ARE REQUIRED FOR A REQUEST FOR TRANSPORTATION PURSUANT
    2  TO SUBDIVISION TWO OF THIS SECTION WITH NO OPTION TO REQUEST TRANSPORTA-
    3  TION STATE AID PURSUANT TO THIS CHAPTER FOR SUCH CHILDREN  IN  THE  SAME
    4  MANNER  AND AT THE SAME RATE AS IF SUCH CHILDREN RECEIVED TRANSPORTATION
    5  SERVICES OTHERWISE AUTHORIZED BY THIS SECTION.
    6    C. SUCH CITY SCHOOL DISTRICT WHICH  SHALL  BE  AIDABLE  SHALL  NOT  BE
    7  REQUIRED  TO  REIMBURSE  PUBLIC  OR NON-PUBLIC SCHOOLS IN AN AMOUNT THAT
    8  DOES NOT EXCEED THE AMOUNT  SUCH  DISTRICT  WOULD  OTHERWISE  EXPEND  TO
    9  PROVIDE  TRANSPORTATION SERVICES FOR SUCH CHILDREN IF SUCH DISTRICT WERE
   10  PROVIDING TRANSPORTATION DIRECTLY.
   11    S 2. This act shall take effect July 1, 2009 and shall  apply  to  all
   12  schools in existence as of the date of the start of the 2010-2011 school
   13  year.