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

                                   30

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

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  requiring  community
  district education councils to establish safety hazard advisory review
  committees

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 2590-e of the education law is amended by adding  a
new subdivision 8-a to read as follows:
  8-A.  (A) A COMMUNITY COUNCIL SHALL ESTABLISH FROM AMONG ITS MEMBERS A
SAFETY HAZARD ADVISORY  REVIEW  COMMITTEE  TO  REVIEW  CONDITIONS  ALONG
ROUTES  IN  ITS  DISTRICT  BY  WHICH STUDENTS TRAVEL OR WALK TO AND FROM
SCHOOL. THE SAFETY HAZARD ADVISORY REVIEW COMMITTEE SHALL REVIEW  CONDI-
TIONS ALONG STOP TO SCHOOL ROUTES IN ITS COMMUNITY COUNCIL DISTRICT UPON
THE  REQUEST OF A PARENT WHO HAS SUBMITTED TO THE OFFICE OF PUPIL TRANS-
PORTATION A REQUEST FOR A VARIANCE FROM STOP TO SCHOOL ROUTES  BASED  ON
HAZARDOUS  OR  UNSAFE  CONDITIONS  ALONG  THE STUDENT'S ROUTE TO OR FROM
SCHOOL. SUCH REQUEST SHALL BE SUBMITTED IN WRITING TO THE CHAIR  OF  THE
COMMUNITY  COUNCIL  AND  INCLUDE  A  COPY OF THE PARENT'S REQUEST TO THE
OFFICE OF PUPIL TRANSPORTATION FOR A  VARIANCE.  THE  COMMUNITY  COUNCIL
CHAIR  SHALL  CONVENE  A  MEETING  OF  THE SAFETY HAZARD ADVISORY REVIEW
COMMITTEE AS NECESSARY. THE COMMITTEE SHALL MAKE FINDINGS  OF  FACT  AND
RECOMMENDATIONS  ABOUT  CONDITIONS  ALONG THE STOP TO SCHOOL ROUTE. SUCH
FINDINGS AND RECOMMENDATIONS SHALL BE SUBMITTED IN WRITING TO THE COMMU-
NITY COUNCIL WHICH MAY ADOPT THE  COMMITTEE'S  RECOMMENDATIONS  OR  SEND
THEM  BACK TO THE COMMITTEE FOR ADDITIONAL INFORMATION. UPON ADOPTION OF
THE COMMITTEE'S FINDINGS  AND  RECOMMENDATIONS,  THE  COMMUNITY  COUNCIL
SHALL  SEND  THE  WRITTEN FINDINGS AND RECOMMENDATIONS TO THE PARENT AND
THE OFFICE OF PUPIL TRANSPORTATION WHICH SHALL CONSIDER THE FINDINGS AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00126-01-3
              

A. 30                               2

RECOMMENDATIONS FROM THE COMMUNITY COUNCIL IN ITS DECISION ABOUT A VARI-
ANCE OR DESIGNATION OF STOP TO SCHOOL ROUTES.
  (B) UPON THE REQUEST OF A MEMBER OF THE COMMUNITY COUNCIL OR AN ADMIN-
ISTRATOR  IN  A  SCHOOL  IN  THE  COMMUNITY COUNCIL DISTRICT, THE SAFETY
HAZARD ADVISORY REVIEW COMMITTED MAY REVIEW UNSAFE AND HAZARDOUS  CONDI-
TIONS  ALONG  ROUTES  BY  WHICH STUDENTS IN THEIR DISTRICT TRAVEL TO AND
FROM THEIR SCHOOL. SUCH REQUEST SHALL BE SUBMITTED  IN  WRITING  TO  THE
CHAIR  OF  THE  COMMUNITY  COUNCIL  AND SHALL INCLUDE THE LOCATION AND A
DESCRIPTION OF THE CONDITIONS TO BE REVIEWED BY THE SAFETY HAZARD  ADVI-
SORY REVIEW COMMITTEE. THE SAFETY HAZARD ADVISORY REVIEW COMMITTEE SHALL
MAKE  FINDINGS  OF  FACT AND, IF NECESSARY, RECOMMENDATIONS ABOUT CONDI-
TIONS ALONG THE STOP TO SCHOOL ROUTE. SUCH FINDINGS AND  RECOMMENDATIONS
SHALL  BE  SUBMITTED IN WRITING TO THE COMMUNITY COUNCIL WHICH MAY ADOPT
THE COMMITTEE'S RECOMMENDATIONS OR SEND THEM BACK TO THE  COMMITTEE  FOR
ADDITIONAL  INFORMATION.  UPON  ADOPTION OF THE COMMITTEE'S FINDINGS AND
RECOMMENDATIONS, THE COMMUNITY COUNCIL SHALL SEND THE  WRITTEN  FINDINGS
AND  RECOMMENDATIONS  TO  A  MEMBER  OF  THE COMMUNITY COUNCIL OR SCHOOL
ADMINISTRATOR WHO REQUESTED THE REVIEW AND THE OFFICE OF PUPIL TRANSPOR-
TATION.
  S 2. This act shall take effect on the first of July  next  succeeding
the date on which it shall have become a law; provided, however that the
amendments  made  to section 2590-e of the education law, by section one
of this act shall survive the expiration and reversion of  such  section
as provided in section 34 of chapter 91 of the laws of 2002, as amended.