BILL NO A01470B
SAME AS SAME AS S00248-B
SPONSOR Cusick (MS)
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.
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
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.
S T A T E O F N E W Y O R K
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.
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.