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A01981 Summary:

BILL NOA01981
 
SAME ASNo Same As
 
SPONSORPaulin
 
COSPNSR
 
MLTSPNSR
 
Amd 3635, Ed L
 
Authorizes a school district in the village of Tuckahoe, by resolution, to limit transportation of students to 7 miles.
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A01981 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1981
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 17, 2017
                                       ___________
 
        Introduced by M. of A. PAULIN -- read once and referred to the Committee
          on Education
 
        AN  ACT to amend the education law, in relation to the transportation of
          children residing in a school district in the village of Tuckahoe
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Paragraphs a, b and e of subdivision 1 of section 3635 of
     2  the education law, paragraph a as amended by section 11  of  part  A  of
     3  chapter 97 of the laws of 2011, paragraph b as amended by chapter 718 of
     4  the  laws of 1990, subparagraph (i) of paragraph b as amended by chapter
     5  571 of the laws of 1994 and paragraph e as amended by chapter 665 of the
     6  laws of 1990, are amended to read as follows:
     7    a. Sufficient transportation facilities (including the  operation  and
     8  maintenance  of motor vehicles) shall be provided by the school district
     9  for all the children residing within the school district to and from the
    10  school they legally attend, who  are  in  need  of  such  transportation
    11  because  of  the  remoteness  of  the  school  to  the  child or for the
    12  promotion of the best interest of such children.    Such  transportation
    13  shall be provided for all children attending grades kindergarten through
    14  eight  who  live  more than two miles from the school which they legally
    15  attend and for all children attending grades  nine  through  twelve  who
    16  live more than three miles from the school which they legally attend and
    17  shall be provided for each such child up to a distance of fifteen miles,
    18  except  upon  the adoption of a resolution, limiting such transportation
    19  to seven miles, by the board of education of a school  district  in  the
    20  village  of  Tuckahoe,  the distances in each case being measured by the
    21  nearest available route from home to school. The cost of providing  such
    22  transportation between two or three miles, as the case may be, and seven
    23  or  fifteen  miles,  as  the  case  may  be, shall be considered for the
    24  purposes of this chapter to be a charge upon the district and  an  ordi-
    25  nary  contingent  expense  of  the district. Transportation for a lesser
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06285-01-7

        A. 1981                             2
 
     1  distance than two miles in the case of children attending grades kinder-
     2  garten through eight or three miles in the case  of  children  attending
     3  grades  nine  through  twelve  and  for a greater distance than seven or
     4  fifteen  miles, as the case may be, may be provided by the district with
     5  the approval of the qualified voters, and, if provided, shall be offered
     6  equally to all children in like circumstances residing in the  district;
     7  provided,  however, that this requirement shall not apply to transporta-
     8  tion offered pursuant to section  thirty-six  hundred  thirty-five-b  of
     9  this [article] part.
    10    b. (i) School districts providing transportation to a nonpublic school
    11  for  pupils  living  within  a specified distance from such school shall
    12  designate one or more public schools as centralized pick-up  points  and
    13  shall  provide  transportation  between  such  points and such nonpublic
    14  schools for students residing in the district who live too far from such
    15  nonpublic schools to qualify for transportation between home and school.
    16  The district shall not be responsible for the provision  of  transporta-
    17  tion  for  pupils  between  their  home  and  such pick-up points.   The
    18  district may provide school bus transportation to a pupil if  the  resi-
    19  dence  of the pupil is located on an established route for the transpor-
    20  tation of pupils to the centralized pick-up point provided  such  trans-
    21  portation does not result in additional costs to the district.  The cost
    22  of providing transportation between such pick-up points and such nonpub-
    23  lic schools shall be an ordinary contingent expense.
    24    (ii)  A board of education may, at its discretion, provide transporta-
    25  tion for pupils residing within  the  district  to  a  nonpublic  school
    26  located more than fifteen miles from the home of any such pupil provided
    27  that  such  transportation  has  been  provided to such nonpublic school
    28  pursuant to this subdivision in at least one of the immediately  preced-
    29  ing  three  school years and such transportation is provided from one or
    30  more centralized pick-up points designated pursuant  to  this  paragraph
    31  and  that  the distance from such pick-up points to the nonpublic school
    32  is not more than fifteen miles. Provided,  however,  that  in  a  school
    33  district  that  has  adopted  a  resolution  providing  that the maximum
    34  distance for transportation is seven miles, pursuant to paragraph  a  of
    35  this subdivision, the board of education may, at its discretion, provide
    36  transportation  for  pupils  residing within the district to a nonpublic
    37  school located more than seven miles from the home  of  any  such  pupil
    38  provided  that  such  transportation has been provided to such nonpublic
    39  school pursuant to this subdivision in at least one of  the  immediately
    40  preceding  three  school  years and such transportation is provided from
    41  one or more centralized pick-up points designated pursuant to this para-
    42  graph and that distance from such pick-up points to the nonpublic school
    43  is not more than seven miles. The district shall not be responsible  for
    44  the provision of transportation for pupils between pupils homes and such
    45  pick-up  points. The cost of providing transportation between such pick-
    46  up points and such nonpublic schools shall  be  an  ordinary  contingent
    47  expense.
    48    e.  In  lieu  of the transportation provided pursuant to the foregoing
    49  provisions of this  subdivision,  a  board  of  education  may,  at  its
    50  discretion, provide transportation to any child attending grades kinder-
    51  garten  through  eight between the school such child legally attends and
    52  before-and/or-after-school child care locations.  For  the  purposes  of
    53  this subdivision, a before-and/or-after-school child care location shall
    54  mean  a  place,  other  than  the child's home, where care for less than
    55  twenty-four hours a day is provided on a regular basis for a  child  who
    56  attends  school  within the school district, provided that such place is

        A. 1981                             3
 
     1  situated within the school district. This definition  includes,  but  is
     2  not  limited  to,  a  variety  of  child  care services such as day care
     3  centers, family day care homes and in-home care by non-relatives.   Such
     4  transportation  may be provided for children attending grades kindergar-
     5  ten through eight where the distance between  the  school  they  legally
     6  attend  and before-and/or-after-school child care locations is more than
     7  two miles, and may be provided for up to a distance  of  fifteen  miles,
     8  except  upon  the adoption of a resolution, limiting such transportation
     9  to seven miles, by the board of education of a school  district  in  the
    10  village  of  Tuckahoe,  the  distance in each case being measured by the
    11  nearest  available  route  from  before-and/or-after-school  child  care
    12  locations  to the school they legally attend, except that transportation
    13  for a lesser distance than two miles or a greater distance than five  or
    14  fifteen miles, as the case may be, may be provided if transportation for
    15  such  distances is provided to students between home and school. Where a
    16  child receives transportation from a before-school child  care  location
    17  to the school he or she legally attends, such child shall be entitled to
    18  receive  transportation from the school he or she legally attends to his
    19  or her home or to an after-school child care location in accordance with
    20  this subdivision. Where a child receives transportation from the  school
    21  he  or  she legally attends to an after-school child care location, such
    22  child shall be entitled to  receive  transportation  from  home  to  the
    23  school  he  or  she legally attends in accordance with this subdivision.
    24  Transportation may be provided to any child attending grades  kindergar-
    25  ten  through  eight  between  the  school  the child legally attends and
    26  before-and/or-after-school child care locations upon written request  of
    27  the  parent  or legal guardian submitted not later than the first day of
    28  April preceding the next school year, provided,  however,  a  parent  or
    29  guardian  of  a  child  not  residing in the district on such date shall
    30  submit a written request within thirty days after establishing residence
    31  in the district and provided further that  in  order  to  be  considered
    32  eligible  for such transportation in the nineteen hundred eighty-seven--
    33  eighty-eight school year, such  request  must  be  submitted  by  August
    34  first, nineteen hundred eighty-seven. The provision of transportation to
    35  or  from  before-and/or-after-school  child care locations, if provided,
    36  shall be offered equally to all children in like circumstances  residing
    37  in the district, provided that a board of education furnishing transpor-
    38  tation pursuant to this paragraph may limit the provision of such trans-
    39  portation  to child care locations located within the attendance zone of
    40  the school the child attends, and  to child day care centers and  school
    41  age child care programs licensed or registered pursuant to section three
    42  hundred  ninety  of  the social services law located anywhere within the
    43  school district. The cost of providing such transportation  between  two
    44  or  three  miles, as the case may be, and seven or fifteen miles, as the
    45  case may be, shall be considered for the purposes of this chapter to  be
    46  a charge upon the district. Such substitute transportation expense shall
    47  be  eligible  for state aid in accordance with [clause] subparagraph one
    48  of paragraph b of subdivision seven of section thirty-six hundred two of
    49  this [chapter] article. Nothing in this subdivision shall  be  construed
    50  to  impose  a duty upon boards of education to provide transportation to
    51  or from before-and/or-after-school child care locations. Nothing in this
    52  subdivision shall be construed  to  authorize  boards  of  education  to
    53  provide to any child transportation between a before-and/or-after-school
    54  day care location and that child's home.

        A. 1981                             4
 
     1    §  2.  Paragraph  a  of subdivision 1 of section 3635 of the education
     2  law, as amended by chapter 69 of the laws of 1992, is amended to read as
     3  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  except upon the adoption of a resolution, limiting  such  transportation
    16  to  seven  miles,  by the board of education of a school district in the
    17  village of Tuckahoe, the distances in each case being  measured  by  the
    18  nearest  available route from home to school. The cost of providing such
    19  transportation between two or three miles, as the case may be, and seven
    20  or fifteen miles, as the case  may  be,  shall  be  considered  for  the
    21  purposes  of  this chapter to be a charge upon the district and an ordi-
    22  nary contingent expense of the district.   Transportation for  a  lesser
    23  distance than two miles in the case of children attending grades kinder-
    24  garten  through  eight  or three miles in the case of children attending
    25  grades nine through twelve and for a  greater  distance  than  seven  or
    26  fifteen miles, as the case may be, may be provided by the district, and,
    27  if  provided,  shall  be offered equally to all children in like circum-
    28  stances residing in the district; provided, however, that this  require-
    29  ment shall not apply to transportation offered pursuant to section thir-
    30  ty-six hundred thirty-five-b of this [article] part.
    31    §  3.  This act shall take effect on the first of July next succeeding
    32  the date on which it shall have become a law, provided that  the  amend-
    33  ments  to  paragraph a of subdivision 1 of section 3635 of the education
    34  law made by section one of this act shall be subject to  the  expiration
    35  and  reversion  of  such  paragraph  pursuant to section 13 of part A of
    36  chapter 97 of the laws of 2011 when upon such  date  the  provisions  of
    37  section two of this act shall take effect.
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