S T A T E   O F   N E W   Y O R K
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                                  2811

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 20, 2015
                               ___________

Introduced  by  M.  of  A. NOLAN, CUSICK, TITONE, PERRY -- 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
RECOMMENDATIONS FROM THE COMMUNITY COUNCIL IN ITS DECISION ABOUT A VARI-
ANCE OR DESIGNATION OF STOP TO SCHOOL ROUTES.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03587-01-5
              

A. 2811                             2

  (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.