A01470 Summary:

BILL NO    A01470 

SAME AS    SAME AS S00248

SPONSOR    Cusick (MS)

COSPNSR    McDonough

MLTSPNSR   

Amd S3635, Ed L

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.
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A01470 Actions:

BILL NO    A01470 

01/12/2015 referred to education
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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:A1470

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: The first of July next succeeding the date on which it
shall have become law.
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A01470 Text:

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

                                         1470

                              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

       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

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02192-01-5
       A. 1470                             2

    1  THREE MILE DESIGNATED AREA. PETITIONS SHALL SPECIFY THE GEOGRAPHIC BOUN-
    2  DARIES DETAILING POTENTIAL HAZARDS TO  CHILD  SAFETY.  PETITIONS  AND/OR
    3  ADDITIONAL  WRITTEN  REQUESTS  FROM  INDIVIDUAL  PARENTS  OR  PERSONS IN
    4  PARENTAL  RELATION  REQUESTING  TRANSPORTATION MAY BE SUBMITTED PROVIDED
    5  THAT SUCH PETITIONS AND/OR REQUESTS SHALL NOT BE  SUBMITTED  LATER  THAN
    6  THE  FIRST  DAY OF MARCH PRECEDING THE SCHOOL YEAR FOR WHICH TRANSPORTA-
    7  TION IS REQUESTED. THE BOARD OF EDUCATION SHALL MAKE  ITS  DETERMINATION
    8  BEFORE  SUCH  BOARD  PRESENTS  THE  BUDGET FOR THE SCHOOL YEAR FOR WHICH
    9  TRANSPORTATION IS REQUESTED.   THE PARENT OR OTHER  PERSON  IN  PARENTAL
   10  RELATION  OF  A  CHILD  NOT RESIDING IN THE DISTRICT ON THE FIRST DAY OF
   11  MARCH MAY SUBMIT A REQUEST WITHIN THIRTY DAYS AFTER  ESTABLISHING  RESI-
   12  DENCE  IN THE DISTRICT, BUT IN NO EVENT LATER THAN THE FIRST DAY OF JULY
   13  OF THE SCHOOL YEAR FOR WHICH TRANSPORTATION IS REQUESTED AND  THE  BOARD
   14  OF  EDUCATION SHALL MAKE ITS DETERMINATION WITHIN THIRTY DAYS OF RECEIPT
   15  OF SUCH REQUEST.  The cost of providing such transportation between  two
   16  or  three  miles, as the case may be, and fifteen miles shall be consid-
   17  ered for the purposes of this chapter to be a charge upon  the  district
   18  and an ordinary contingent expense of the district. Transportation for a
   19  lesser  distance than two miles in the case of children attending grades
   20  kindergarten through eight or  three  miles  in  the  case  of  children
   21  attending  grades  nine  through  twelve and for a greater distance than
   22  fifteen miles may be provided by the district with the approval  of  the
   23  qualified  voters,  and,  if  provided,  shall be offered equally to all
   24  children in like  circumstances  residing  in  the  district;  provided,
   25  however, that this requirement shall not apply to transportation offered
   26  pursuant to section thirty-six hundred thirty-five-b of this article.
   27    S  2.  This act shall take effect on the first of July next succeeding
   28  the date on which it shall have become a law; provided that  the  amend-
   29  ments  to  paragraph a of subdivision 1 of section 3635 of the education
   30  law made by section one of this act shall not affect the  expiration  of
   31  such paragraph and shall be deemed to expire therewith.
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