S T A T E O F N E W Y O R K
________________________________________________________________________
8412
2011-2012 Regular Sessions
I N A S S E M B L Y
June 15, 2011
___________
Introduced by M. of A. NOLAN -- read once and referred to the Committee
on Education
AN ACT to amend the education law, in relation to transportation of
children receiving special education services
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 4 of section 4402 of the education law, as
added by chapter 853 of the laws of 1976, paragraph a as amended by
chapter 470 of the laws of 1977, and paragraph d as amended by chapter
646 of the laws of 1992, is amended to read as follows:
4. a. The board of education or the board of trustees of each school
district shall provide suitable transportation to and from special
classes or programs, with the exception of residential facilities for
the care and treatment of children with handicapping conditions under
the jurisdiction of an agency of the state other than the state depart-
ment of education, as specified in subdivisions two and four of section
forty-four hundred one of this article.
b. (1) Such board may permit any adult, willing to serve without
compensation, to act as an attendant for such children. NOTWITHSTANDING
ANY STATE OR LOCAL LAW TO THE CONTRARY, AN ESCORT SHALL NOT BE REQUIRED
TO ACCOMPANY A CHILD BEING TRANSPORTED IN A VEHICLE WITH FEWER THAN FOUR
OTHER CHILDREN UNLESS THE COMMITTEE HAS RECOMMENDED AN ESCORT IN THE
CHILD'S INDIVIDUALIZED EDUCATION PROGRAM OR THE CHILD IS REQUIRED TO BE
ACCOMPANIED PURSUANT TO SUBPARAGRAPH TWO OF THIS PARAGRAPH.
(2) SUCH BOARD MAY REQUEST AND ENCOURAGE PARENTS AND PERSONS IN
PARENTAL RELATION TO TRANSPORT THEIR CHILDREN, INCLUDING CHILDREN TO BE
TRANSPORTED TO NONPUBLIC SCHOOL PURSUANT TO PARAGRAPH D OF THIS SUBDIVI-
SION, AT PUBLIC EXPENSE, WHERE COST-EFFECTIVE, AT A RATE PER MILE OR A
PUBLIC SERVICE FARE ESTABLISHED BY THE SCHOOL DISTRICT AND APPROVED BY
THE COMMISSIONER. A PROPOSED RATE PER MILE OR PUBLIC SERVICE FARE
SUBMITTED TO THE COMMISSIONER SHALL BE EFFECTIVE IMMEDIATELY UPON
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11258-01-1
A. 8412 2
APPROVAL BY THE COMMISSIONER, OR ON THE THIRTIETH DAY AFTER ITS
SUBMISSION TO THE COMMISSIONER UNLESS THE COMMISSIONER SHALL SPECIF-
ICALLY DISAPPROVE SUCH PROPOSED RATE OR FARE IN WRITING, WITH AN EXPLA-
NATION FOR SUCH DISAPPROVAL. SUCH TRANSPORTATION MAY BE PROVIDED BY
PUBLIC TRANSPORTATION WHERE THE CHILD IS ACCOMPANIED BY THE PARENT,
PERSON IN PARENTAL RELATION OR OTHER ADULT OVER THE AGE OF TWENTY-ONE
LIVING IN THE SAME HOUSEHOLD AS THE PARENT OR PERSON IN PARENTAL
RELATION; BY A TAXICAB AS DEFINED IN SECTION ONE HUNDRED FORTY-EIGHT-A
OF THE VEHICLE AND TRAFFIC LAW OR LIVERY AS DEFINED IN SECTION ONE
HUNDRED TWENTY-ONE-E OF THE VEHICLE AND TRAFFIC LAW WHERE THE CHILD IS
ACCOMPANIED BY THE PARENT, PERSON IN PARENTAL RELATION OR OTHER ADULT
OVER THE AGE OF TWENTY-ONE LIVING IN THE SAME HOUSEHOLD AS THE PARENT OR
PERSON IN PARENTAL RELATION; OR BY MOTOR VEHICLE EQUIPPED WITH SEAT
BELTS AND SAFETY SEATING TO THE EXTENT REQUIRED BY SECTION TWELVE
HUNDRED TWENTY-NINE-C OF THE VEHICLE AND TRAFFIC LAW AND DRIVEN BY THE
PARENT, PERSON IN PARENTAL RELATION OR OTHER ADULT OVER THE AGE OF TWEN-
TY-ONE LIVING IN THE SAME HOUSEHOLD AS THE PARENT OR PERSON IN PARENTAL
RELATION. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, A MOTOR
VEHICLE WITH A SEATING CAPACITY OF UP TO NINE PERSONS SHALL NOT BE
SUBJECT TO REQUIREMENTS APPLICABLE TO A SCHOOL BUS AS DEFINED IN SECTION
ONE HUNDRED FORTY-TWO OF THE VEHICLE AND TRAFFIC LAW MERELY BECAUSE
PAYMENT TO ITS DRIVER HAS BEEN MADE WITH FUNDS PROVIDED TO A PARENT OR
PERSON IN PARENTAL RELATION PURSUANT TO THIS SUBPARAGRAPH, AND A PERSON
PROVIDING TRANSPORTATION SHALL NOT BE SUBJECT TO THE REQUIREMENTS OF
ARTICLE NINETEEN-A OF THE VEHICLE AND TRAFFIC LAW MERELY BECAUSE HE OR
SHE SHALL HAVE RECEIVED SUCH PAYMENT.
c. Such board shall be empowered to contract for transportation
services provided pursuant to this subdivision with any municipality,
Board of Cooperative Educational Services, public authority or private
contractor meeting the school bus provisions outlined in section thir-
ty-six hundred twenty-three of this chapter and the standards and spec-
ifications relating thereto.
d. Notwithstanding any other provision of law, such board shall
provide suitable transportation up to a distance of fifty miles to and
from a nonpublic school which a child with a handicapping condition
attends if such child has been so identified by the local committee on
special education and such child attends such school for the purpose of
receiving services or programs similar to special educational programs
recommended for such child by the local committee on special education.
S 2. Subdivision 8 of section 4410 of the education law, as amended by
chapter 474 of the laws of 1996, is amended to read as follows:
8. Transportation. The municipality in which a preschool child resides
shall, beginning with the first day of service, provide either directly
or by contract for suitable transportation, as determined by the board,
to and from special services or programs; provided, however, that if the
municipality is a city with a population of one million or more persons
the municipality may delegate the authority to provide such transporta-
tion to the board; and provided further, that prior to providing such
transportation directly or contracting with another entity to provide
such transportation, such municipality or board shall request and
encourage the parents to transport their children at public expense,
where cost-effective, at a rate per mile or a public service fare estab-
lished by the municipality and approved by the commissioner. A PROPOSED
RATE PER MILE OR PUBLIC SERVICE FARE SUBMITTED TO THE COMMISSIONER SHALL
BE EFFECTIVE IMMEDIATELY UPON APPROVAL BY THE COMMISSIONER, OR ON THE
THIRTIETH DAY AFTER ITS SUBMISSION TO THE COMMISSIONER UNLESS THE
A. 8412 3
COMMISSIONER SHALL SPECIFICALLY DISAPPROVE SUCH PROPOSED RATE OR FARE IN
WRITING, WITH AN EXPLANATION FOR SUCH DISAPPROVAL. TRANSPORTATION FOR
WHICH A PARENT RECEIVES REIMBURSEMENT MAY BE PROVIDED BY PUBLIC TRANS-
PORTATION WHERE THE CHILD IS ACCOMPANIED BY THE PARENT OR OTHER ADULT
OVER THE AGE OF TWENTY-ONE LIVING IN THE SAME HOUSEHOLD AS THE PARENT;
BY A TAXICAB AS DEFINED IN SECTION ONE HUNDRED FORTY-EIGHT-A OF THE
VEHICLE AND TRAFFIC LAW OR LIVERY AS DEFINED IN SECTION ONE HUNDRED
TWENTY-ONE-E OF THE VEHICLE AND TRAFFIC LAW WHERE THE CHILD IS ACCOMPA-
NIED BY THE PARENT OR OTHER ADULT OVER THE AGE OF TWENTY-ONE LIVING INS
THE SAME HOUSEHOLD AS THE PARENT, AND, IF THE CHILD IS UNDER THE AGE OF
FOUR, A SAFETY SEAT AS DESCRIBED IN SECTION TWELVE HUNDRED TWENTY-NINE-C
OF THE VEHICLE AND TRAFFIC LAW IS USED TO SECURE THE CHILD; OR BY MOTOR
VEHICLE EQUIPPED WITH SEAT BELTS AND SAFETY SEATING TO THE EXTENT
REQUIRED BY SECTION TWELVE HUNDRED TWENTY-NINE-C OF THE VEHICLE AND
TRAFFIC LAW AND DRIVEN BY THE PARENT OR OTHER ADULT OVER THE AGE OF
TWENTY-ONE LIVING IN THE SAME HOUSEHOLD AS THE PARENT OR PERSON IN
PARENTAL RELATION. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY,
A VEHICLE WITH A SEATING CAPACITY OF UP TO NINE PERSONS SHALL NOT BE
SUBJECT TO REQUIREMENTS APPLICABLE TO A SCHOOL BUS AS DEFINED IN SECTION
ONE HUNDRED FORTY-TWO OF THE VEHICLE AND TRAFFIC LAW MERELY BECAUSE
PAYMENT TO ITS DRIVER HAS BEEN MADE WITH FUNDS PROVIDED TO A PARENT
PURSUANT TO THIS SUBDIVISION, AND A PERSON PROVIDING TRANSPORTATION
SHALL NOT BE SUBJECT TO THE REQUIREMENTS OF ARTICLE NINETEEN-A OF THE
VEHICLE AND TRAFFIC LAW MERELY BECAUSE HE OR SHE SHALL HAVE RECEIVED
SUCH PAYMENT.
Except as otherwise provided in this section, the parents' inability
or declination to transport their child shall in no way [effect] AFFECT
the municipality's or board's responsibility to provide recommended
services. Such transportation shall be provided once daily from the
child care location to the special service or program and once daily
from the special service or program to the child care location up to
fifty miles from the child care location. If the board determines that a
child must receive special services and programs at a location greater
than fifty miles from the child care location, it shall request approval
of the commissioner. For the purposes of this subdivision, the term
"child care location" shall mean a child's home or a place where care
for less than twenty-four hours a day is provided on a regular basis and
includes, but is not limited to, a variety of child care services such
as day care centers, family day care homes and in-home care by persons
other than parents. All transportation of such children shall be
provided pursuant to the procedures set forth in section two hundred
thirty-six of the family court act using the date called for in the
written notice of determination of the board or the date of the written
notice of determination of the board, whichever comes later, in lieu of
the date the court order was issued.
NOTWITHSTANDING ANY STATE OR LOCAL LAW TO THE CONTRARY, AN ESCORT
SHALL NOT BE REQUIRED TO ACCOMPANY A CHILD BEING TRANSPORTED IN A VEHI-
CLE WITH FEWER THAN FOUR OTHER CHILDREN UNLESS THE COMMITTEE HAS RECOM-
MENDED AN ESCORT IN THE CHILD'S INDIVIDUALIZED EDUCATION PROGRAM OR THE
CHILD IS REQUIRED TO BE ACCOMPANIED PURSUANT TO THIS SUBDIVISION.
S 3. This act shall take effect immediately.