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

                                  4194

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 14, 2013
                               ___________

Introduced  by  Sen. LATIMER -- 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 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:

  Section 1. Paragraphs a, b and e of subdivision 1 of section  3635  of
the  education  law,  paragraph  a as amended by section 11 of part A of
chapter 97 of the laws of 2011, paragraph b as amended by chapter 718 of
the laws of 1990, subparagraph (i) of paragraph b as amended by  chapter
571 of the laws of 1994 and paragraph e as amended by chapter 665 of the
laws of 1990, are amended to read as follows:
  a.  Sufficient  transportation facilities (including the operation and
maintenance of motor vehicles) shall be provided by the school  district
for all the children residing within the school district to and from the
school  they  legally  attend,  who  are  in need of such transportation
because of the remoteness  of  the  school  to  the  child  or  for  the
promotion  of  the  best interest of such children.  Such transportation
shall be provided for all children attending grades kindergarten through
eight who live more than two miles from the school  which  they  legally
attend  and  for  all  children attending grades nine through twelve who
live more than three miles from the school which they legally attend and
shall be provided for each such child up to a distance of fifteen miles,
EXCEPT UPON THE ADOPTION OF A RESOLUTION, LIMITING  SUCH  TRANSPORTATION
TO  SEVEN  MILES,  BY THE BOARD OF EDUCATION OF A SCHOOL DISTRICT IN THE
VILLAGE OF TUCKAHOE, the distances in each case being  measured  by  the
nearest  available route from home to school. The cost of providing such
transportation between two or three miles, as the case may be, and SEVEN
OR fifteen miles, AS THE CASE  MAY  BE,  shall  be  considered  for  the
purposes  of  this chapter to be a charge upon the district and an ordi-
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.
                                                           LBD05056-01-3
              

S. 4194                             2

distance than two miles in the case of children attending grades kinder-
garten  through  eight  or three miles in the case of children attending
grades nine through twelve and for a  greater  distance  than  SEVEN  OR
fifteen  miles, AS THE CASE MAY BE, may be provided by the district with
the approval of the qualified voters, and, if provided, shall be offered
equally to all children in like circumstances residing in the  district;
provided,  however, that this requirement shall not apply to transporta-
tion offered pursuant to section  thirty-six  hundred  thirty-five-b  of
this [article] PART.
  b. (i) School districts providing transportation to a nonpublic school
for  pupils  living  within  a specified distance from such school shall
designate one or more public schools as centralized pick-up  points  and
shall  provide  transportation  between  such  points and such nonpublic
schools for students residing in the district who live too far from such
nonpublic schools to qualify for transportation between home and school.
The district shall not be responsible for the provision  of  transporta-
tion  for  pupils  between  their  home  and  such pick-up points.   The
district may provide school bus transportation to a pupil if  the  resi-
dence  of the pupil is located on an established route for the transpor-
tation of pupils to the centralized pick-up point provided  such  trans-
portation does not result in additional costs to the district.  The cost
of providing transportation between such pick-up points and such nonpub-
lic schools shall be an ordinary contingent expense.
  (ii)  A board of education may, at its discretion, provide transporta-
tion for pupils residing within  the  district  to  a  nonpublic  school
located more than fifteen miles from the home of any such pupil provided
that  such  transportation  has  been  provided to such nonpublic school
pursuant to this subdivision in at least one of the immediately  preced-
ing  three  school years and such transportation is provided from one or
more centralized pick-up points designated pursuant  to  this  paragraph
and  that  the distance from such pick-up points to the nonpublic school
is not more than fifteen miles. PROVIDED,  HOWEVER,  THAT  IN  A  SCHOOL
DISTRICT  THAT  HAS  ADOPTED  A  RESOLUTION  PROVIDING  THAT THE MAXIMUM
DISTANCE FOR TRANSPORTATION IS SEVEN MILES, PURSUANT TO PARAGRAPH  A  OF
THIS SUBDIVISION, THE BOARD OF EDUCATION MAY, AT ITS DISCRETION, PROVIDE
TRANSPORTATION  FOR  PUPILS  RESIDING WITHIN THE DISTRICT TO A NONPUBLIC
SCHOOL LOCATED MORE THAN SEVEN MILES FROM THE HOME  OF  ANY  SUCH  PUPIL
PROVIDED  THAT  SUCH  TRANSPORTATION HAS BEEN PROVIDED TO SUCH NONPUBLIC
SCHOOL PURSUANT TO THIS SUBDIVISION IN AT LEAST ONE OF  THE  IMMEDIATELY
PRECEDING  THREE  SCHOOL  YEARS AND SUCH TRANSPORTATION IS PROVIDED FROM
ONE OR MORE CENTRALIZED PICK-UP POINTS DESIGNATED PURSUANT TO THIS PARA-
GRAPH AND THAT DISTANCE FROM SUCH PICK-UP POINTS TO THE NONPUBLIC SCHOOL
IS NOT MORE THAN SEVEN MILES. The district shall not be responsible  for
the provision of transportation for pupils between pupils homes and such
pick-up  points. The cost of providing transportation between such pick-
up points and such nonpublic schools shall  be  an  ordinary  contingent
expense.
  e.  In  lieu  of the transportation provided pursuant to the foregoing
provisions of this  subdivision,  a  board  of  education  may,  at  its
discretion, provide transportation to any child attending grades kinder-
garten  through  eight between the school such child legally attends and
before-and/or-after-school child care locations.  For  the  purposes  of
this subdivision, a before-and/or-after-school child care location shall
mean  a  place,  other  than  the child's home, where care for less than
twenty-four hours a day is provided on a regular basis for a  child  who
attends  school  within the school district, provided that such place is

S. 4194                             3

situated within the school district. This definition  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 non-relatives.   Such
transportation  may be provided for children attending grades kindergar-
ten through eight where the distance between  the  school  they  legally
attend  and before-and/or-after-school child care locations is more than
two miles, and may be provided for up to a distance  of  fifteen  miles,
EXCEPT  UPON  THE ADOPTION OF A RESOLUTION, LIMITING SUCH TRANSPORTATION
TO SEVEN MILES, BY THE BOARD OF EDUCATION OF A SCHOOL  DISTRICT  IN  THE
VILLAGE  OF  TUCKAHOE,  the  distance in each case being measured by the
nearest  available  route  from  before-and/or-after-school  child  care
locations  to the school they legally attend, except that transportation
for a lesser distance than two miles or a greater distance than FIVE  OR
fifteen miles, AS THE CASE MAY BE, may be provided if transportation for
such  distances is provided to students between home and school. Where a
child receives transportation from a before-school child  care  location
to the school he or she legally attends, such child shall be entitled to
receive  transportation from the school he or she legally attends to his
or her home or to an after-school child care location in accordance with
this subdivision. Where a child receives transportation from the  school
he  or  she legally attends to an after-school child care location, such
child shall be entitled to  receive  transportation  from  home  to  the
school  he  or  she legally attends in accordance with this subdivision.
Transportation may be provided to any child attending grades  kindergar-
ten  through  eight  between  the  school  the child legally attends and
before-and/or-after-school child care locations upon written request  of
the  parent  or legal guardian submitted not later than the first day of
April preceding the next school year, provided,  however,  a  parent  or
guardian  of  a  child  not  residing in the district on such date shall
submit a written request within thirty days after establishing residence
in the district and provided further that  in  order  to  be  considered
eligible  for such transportation in the nineteen hundred eighty-seven--
eighty-eight school year, such  request  must  be  submitted  by  August
first, nineteen hundred eighty-seven. The provision of transportation to
or  from  before-and/or-after-school  child care locations, if provided,
shall be offered equally to all children in like circumstances  residing
in the district, provided that a board of education furnishing transpor-
tation pursuant to this paragraph may limit the provision of such trans-
portation  to child care locations located within the attendance zone of
the school the child attends, and  to child day care centers and  school
age child care programs licensed or registered pursuant to section three
hundred  ninety  of  the social services law located anywhere within the
school district. The cost of providing such transportation  between  two
or  three  miles, as the case may be, and SEVEN OR fifteen miles, AS THE
CASE MAY BE, shall be considered for the purposes of this chapter to  be
a charge upon the district. Such substitute transportation expense shall
be  eligible  for state aid in accordance with [clause] SUBPARAGRAPH one
of paragraph b of subdivision seven of section thirty-six hundred two of
this [chapter] ARTICLE. Nothing in this subdivision shall  be  construed
to  impose  a duty upon boards of education to provide transportation to
or from before-and/or-after-school child care locations. Nothing in this
subdivision shall be construed  to  authorize  boards  of  education  to
provide to any child transportation between a before-and/or-after-school
day care location and that child's home.

S. 4194                             4

  S  2.  Paragraph  a  of subdivision 1 of section 3635 of the education
law, as amended by chapter 69 of the laws of 1992, is amended to read as
follows:
  a.  Sufficient  transportation facilities (including the operation and
maintenance of motor vehicles) shall be provided by the school  district
for all the children residing within the school district to and from the
school  they  legally  attend,  who  are  in need of such transportation
because of the remoteness  of  the  school  to  the  child  or  for  the
promotion  of  the  best  interest of such children. Such transportation
shall be provided for all children attending grades kindergarten through
eight who live more than two miles from the school  which  they  legally
attend  and  for  all  children attending grades nine through twelve who
live more than three miles from the school which they legally attend and
shall be provided for each such child up to a distance of fifteen miles,
EXCEPT UPON THE ADOPTION OF A RESOLUTION, LIMITING  SUCH  TRANSPORTATION
TO  SEVEN  MILES,  BY THE BOARD OF EDUCATION OF A SCHOOL DISTRICT IN THE
VILLAGE OF TUCKAHOE, the distances in each case being  measured  by  the
nearest  available route from home to school. The cost of providing such
transportation between two or three miles, as the case may be, and SEVEN
OR fifteen miles, AS THE CASE  MAY  BE,  shall  be  considered  for  the
purposes  of  this chapter to be a charge upon the district and an ordi-
nary contingent expense of the district.   Transportation for  a  lesser
distance than two miles in the case of children attending grades kinder-
garten  through  eight  or three miles in the case of children attending
grades nine through twelve and for a  greater  distance  than  SEVEN  OR
fifteen miles, AS THE CASE MAY BE, may be provided by the district, and,
if  provided,  shall  be offered equally to all children in like circum-
stances residing in the district; provided, however, that this  require-
ment shall not apply to transportation offered pursuant to section thir-
ty-six hundred thirty-five-b of this [article] PART.
  S  3.  This act shall take effect on the first of July next succeeding
the date on which it shall have become a law, provided that  the  amend-
ments  to  paragraph a of subdivision 1 of section 3635 of the education
law made by section one of this act shall be subject to  the  expiration
and  reversion  of  such  paragraph  pursuant to section 13 of part A of
chapter 97 of the laws of 2011 when upon such  date  the  provisions  of
section two of this act shall take effect.