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

                                  4686

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 7, 2013
                               ___________

Introduced  by  M.  of  A.  ENGLEBRIGHT -- read once and referred to the
  Committee on Education

AN ACT to amend the education law, in relation to prekindergarten trans-
  portation

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

  Section  1.  Legislative  intent. The commissioner of education in the
Appeal of Garvan et. al. on August 31, 2007 ruled  that  existing  state
law  does  not  provide  public school districts   with the authority to
transport students to prekindergarten programs which  are  not  operated
pursuant  to  the  "Universal  Prekindergarten Program" as authorized by
section 3602-e of the education law. This ruling was upheld by the State
Supreme Court on December 7, 2007 in Board of Education of the  Lawrence
Union  Free  School  District  Number 15 v. Garvan McColgan et. al.  The
legislature finds that it is an appropriate public  purpose  to  provide
public  school districts with the authority to provide transportation to
children attending  prekindergarten  programs  which  are  not  operated
pursuant  to  section  3602-e  of  the  education law provided that such
programs are located within the  corporate  boundaries  of  that  school
district.  Such  transportation  shall  only  be  provided after a voter
approved proposition and such transportation costs shall not be eligible
for state transportation aid. All such transportation shall  be  offered
equally to all children in like circumstances.
  S  2.  Section  3635  of  the education law is amended by adding a new
subdivision 1-a to read as follows:
  1-A. THE PROVISIONS OF THIS SUBDIVISION SHALL APPLY TO  TRANSPORTATION
PROVIDED  TO STUDENTS WHO ARE ENROLLED IN PREKINDERGARTEN PROGRAMS OTHER
THAN THOSE AUTHORIZED BY SECTION THIRTY-SIX HUNDRED TWO-E OF THIS  ARTI-
CLE.  A PREKINDERGARTEN PROGRAM SHALL MEAN A PUBLIC SCHOOL DISTRICT THAT
PROVIDES EDUCATIONAL SERVICES TO PREKINDERGARTEN  CHILDREN.    A  SCHOOL
DISTRICT MAY PROVIDE TRANSPORTATION SERVICES FOR CHILDREN RESIDING WITH-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08753-01-3
              

A. 4686                             2

IN  THE  SCHOOL  DISTRICT  WHO ATTEND A PREKINDERGARTEN PROGRAM PROVIDED
THAT SUCH CHILDREN ARE FOUR YEARS OF AGE ON OR BEFORE DECEMBER FIRST  OF
THE  YEAR  IN  WHICH THEY ARE ENROLLED IN THE PREKINDERGARTEN PROGRAM OR
WHO  ARE OTHERWISE ELIGIBLE TO ENTER PUBLIC SCHOOL KINDERGARTEN COMMENC-
ING WITH THE FOLLOWING YEAR. SUCH TRANSPORTATION SHALL ONLY BE  PROVIDED
AFTER THE APPROVAL OF A SEPARATE PROPOSITION BY A MAJORITY OF THE ELIGI-
BLE  VOTERS CASTING BALLOTS ON THE PROPOSITION AND SUCH  PROPOSITION MAY
ONLY BE PLACED ON THE BALLOT FOR A VOTE BY A MAJORITY VOTE OF THE SCHOOL
BOARD AND SUCH PROPOSITION SHALL BE VOTED UPON ON THE SAME DATE  AS  THE
ANNUAL  BUDGET VOTE. SUCH PROPOSITION SHALL BE IN A MANNER PRESCRIBED BY
THE COMMISSIONER AND SHALL SPECIFY  THE  DISTANCE  THAT  PREKINDERGARTEN
STUDENTS SHALL BE TRANSPORTED TO AND FROM THEIR HOMES AND THE RESPECTIVE
PREKINDERGARTEN  PROGRAMS,  PROVIDED  THAT  SUCH TRANSPORTATION SHALL BE
OFFERED EQUALLY TO ALL CHILDREN  IN  LIKE  CIRCUMSTANCES.  THE  COST  OF
PROVIDING  SUCH  TRANSPORTATION SHALL NOT BE AN ELIGIBLE EXPENSE FOR THE
PURPOSE OF CALCULATING TRANSPORTATION AID ALSO SHALL NOT BE AN  ORDINARY
CONTINGENT EXPENSE OF THE DISTRICT. THE PROVISIONS OF THIS SECTION SHALL
NOT  APPLY  TO OR AFFECT THOSE INDIVIDUALS ENROLLED IN PROGRAMS PURSUANT
TO SECTION FORTY-FOUR HUNDRED TEN OF THIS CHAPTER.
  S 3. This act shall take effect immediately.