A01470 Summary:

BILL NO    A01470B

SAME AS    SAME AS S00248-B

SPONSOR    Cusick (MS)

COSPNSR    McDonough

MLTSPNSR   

Amd S3635, Ed L

Allows boards of education, upon written request of a parent or guardian, 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; requires requests
to specify explanations for the request; requires board of education to provide
a written explanation to the parents as to the reasons for approval or denial.
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A01470 Actions:

BILL NO    A01470B

01/12/2015 referred to education
05/26/2015 amend and recommit to education
05/26/2015 print number 1470a
06/05/2015 amend and recommit to education
06/05/2015 print number 1470b
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A01470 Votes:

There are no votes for this bill in this legislative session.
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A01470 Memo:

BILL NUMBER:A1470B

TITLE OF BILL:  An act to amend the education law, in relation to
authorizing boards of  education to provide certain children
transportation to school

PURPOSE OR GENERAL IDEA OF BILL: Allows boards of education to provide
certain children transportation to school for a lesser distance than
two miles.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1. amends subdivision 1 of section 3635 of the education law
to allow for a child residing within the two or three mile designated
area to upon approval of the school use and already established pick
up/drop off location outside of the designated area.

Section 2. Effective date.

JUSTIFICATION: Upon approval of the board, this legislation would
permit students who live within the two or three mile designated area
to access transportation at an already established pick up and drop
off location outside of the two or three mile designated area. Giving
school districts this flexibility would allow them to make
determinations on a case by case basis taking into consideration
factors such as availability of seating on current buses traveling on
established routes and the safety of routes for students who live
within two or three mile designated area traveling to school.

PRIOR LEGISLATIVE HISTORY: 2014: A.9978 - died in
Transportation/S.6404 - Passed Senate.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Immediately.
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A01470 Text:

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

                                        1470--B

                              2015-2016 Regular Sessions

                                 I N  A S S E M B L Y

                                   January 12, 2015
                                      ___________

       Introduced  by  M.  of A. CUSICK, McDONOUGH -- read once and referred to
         the Committee on Education  --  committee  discharged,  bill  amended,
         ordered  reprinted  as  amended  and  recommitted to said committee --
         again reported from said committee with amendments, ordered  reprinted
         as amended and recommitted to said committee

       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.    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) A BOARD OF EDUCATION OF ANY SCHOOL DISTRICT SHALL, UPON WRITTEN
    4  REQUEST OF A PARENT OR GUARDIAN OF A CHILD ATTENDING GRADES KINDERGARTEN
    5  THROUGH EIGHT WHO LIVES WITHIN TWO  MILES  FROM  THE  SCHOOL  THAT  THEY
    6  LEGALLY  ATTEND OR A PARENT OR GUARDIAN OF A CHILD ATTENDING GRADES NINE
    7  THROUGH TWELVE WHO LIVES WITHIN THREE MILES FROM THE  SCHOOL  THAT  THEY
    8  LEGALLY  ATTEND,  MAKE  A  DETERMINATION  AS TO WHETHER A CHILD RESIDING
    9  WITHIN THE TWO OR THREE MILE DISTANCE LIMITATION MAY FOR REASONS RELATED
   10  TO SAFETY OR OTHER EXTRAORDINARY CIRCUMSTANCES  USE  AN  ALREADY  ESTAB-
   11  LISHED  PICK-UP  AND/OR  DROP-OFF  POINT ON AN ALREADY ESTABLISHED ROUTE
   12  OUTSIDE OF SUCH TWO OR THREE MILE DISTANCE LIMITATION. WRITTEN  REQUESTS
   13  SHALL SPECIFY EXPLANATIONS FOR THE REQUEST, INCLUDING BUT NOT LIMITED TO
   14  ANY  POTENTIAL  HARDSHIPS  OR  HAZARDS  TO THE CHILD'S SAFETY DUE TO THE
   15  PARENT OR GUARDIAN'S INABILITY TO  ACCOMPANY  THEIR  CHILD  TO  OR  FROM
   16  SCHOOL  AS  WELL  AS  THE  PICK-UP  AND/OR DROP-OFF POINT CLOSEST TO THE
   17  CHILD'S PLACE OF RESIDENCE.
   18    (II) UPON RECEIPT OF SUCH WRITTEN  REQUEST,  THE  BOARD  OF  EDUCATION
   19  SHALL  DETERMINE  WHETHER THE CHILD SHALL BE PERMITTED TO USE AN ALREADY
   20  ESTABLISHED PICK-UP AND/OR DROP-OFF POINT AND SHALL  PROVIDE  A  WRITTEN
   21  EXPLANATION  TO  THE  PARENT  OR  GUARDIAN MAKING SUCH REQUEST AS TO THE
   22  REASONS FOR APPROVAL OR DENIAL FOR SUCH REQUEST.  BEFORE  THE  BOARD  OF

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02192-04-5
       A. 1470--B                          2

    1  EDUCATION  MAKES ITS DECISION, IT SHALL DETERMINE WHETHER PERMITTING THE
    2  CHILD TO USE AN ALREADY ESTABLISHED PICK-UP AND/OR DROP-OFF POINT  WOULD
    3  INCUR ADDITIONAL COSTS TO THE SCHOOL DISTRICT THAT WOULD BE IN EXCESS OF
    4  THE  AMOUNT  APPROPRIATED IN THE SCHOOL DISTRICT BUDGET. IF IT IS DETER-
    5  MINED THAT SUCH REQUEST WOULD  INCUR  ADDITIONAL  COSTS  TO  THE  SCHOOL
    6  DISTRICT,  THEN  THE  BOARD  OF  EDUCATION MUST IDENTIFY AND INCLUDE THE
    7  NATURE AND AMOUNT OF THE ADDITIONAL COSTS IN THE WRITTEN EXPLANATION  TO
    8  THE  PARENT OR GUARDIAN MAKING SUCH WRITTEN REQUEST AND RECEIVE APPROVAL
    9  OF THE QUALIFIED VOTERS OF THE DISTRICT AT  THE  ANNUAL  MEETING  BEFORE
   10  ALLOWING  THE  CHILD  TO  USE  THE PICK-UP AND/OR DROP-OFF POINT FOR THE
   11  SCHOOL YEAR FOR WHICH  TRANSPORTATION  IS  REQUESTED.  IF  SUCH  WRITTEN
   12  REQUEST IS APPROVED BY THE BOARD OF EDUCATION, SUCH CHILD MAY BE PERMIT-
   13  TED  TO  USE  THE PICK-UP AND/OR DROP-OFF POINT SPECIFIED IN THE REQUEST
   14  IMMEDIATELY. NOTHING IN THIS PARAGRAPH SHALL BE CONSTRUED TO REQUIRE THE
   15  BOARD OF EDUCATION TO HOLD A SPECIAL MEETING OF THE DISTRICT IN ORDER TO
   16  APPROVE SUCH REQUEST BY A PARENT OR GUARDIAN.
   17    S 2. This act shall take effect immediately.
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