STATE OF NEW YORK
________________________________________________________________________
3344
2011-2012 Regular Sessions
IN SENATE
February 17, 2011
___________
Introduced by Sen. KRUGER -- 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 the reimbursement of
school districts for the transportation of students
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 provisions of this section to the
4 contrary, a city school district located in a city having a population
5 of one million or more providing transportation pursuant to this chapter
6 shall be responsible for reimbursing the cost incurred for providing
7 transportation after five o'clock in the afternoon for those children
8 attending public and nonpublic schools in grades kindergarten through
9 six who remain at the same school for which they are enrolled for regu-
10 larly scheduled academic classes from half-past nine o'clock in the
11 morning or earlier until five o'clock in the afternoon or later, on
12 weekdays, and reside at least one mile from their school of attendance
13 for grades three through six, and at least one-half mile from their
14 school of attendance for grades kindergarten through two. A district
15 does not satisfy its obligation under this section by providing funding
16 for public transportation of any child whose parents object to public
17 transportation.
18 b. The cost to the school district of providing such reimbursement for
19 transportation expenses shall be considered for the purpose of this
20 chapter to be a charge upon the school district and an ordinary contin-
21 gent expense to the school district, so long as such child or children
22 shall be otherwise eligible for the provision of transportation pursuant
23 to this section, and the parent or guardian or any representative
24 authorized by such parent or guardian shall have notified the school
25 district in writing in the same manner and upon the same dates as are
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06394-01-1
S. 3344 2
1 required for a request for transportation pursuant to subdivision two of
2 this section with no option to request transportation at a later date,
3 and such districts shall be entitled to an apportionment for pupil
4 transportation state aid pursuant to this chapter for such children in
5 the same manner and at the same daily rate as if such children received
6 transportation services otherwise authorized by this section.
7 c. Such school district shall not be required to expend an amount that
8 exceeds the amount such district would otherwise expend per child per
9 day to provide transportation services for such children, including
10 capital expenses, if such district were providing transportation direct-
11 ly.
12 d. The chancellor of such school district shall prescribe a system
13 under which the requirements of this section shall be carried out.
14 § 2. This act shall take effect July 1, 2011.
