S T A T E   O F   N E W   Y O R K
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                                  9741

                          I N  A S S E M B L Y

                              April 5, 2016
                               ___________

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

AN  ACT  to  amend  the  education  law, in relation to requiring school
  districts to establish a medical hardship waiver policy  to  grant  or
  deny  permission  to  certain  students to use established pick-up and
  drop-off points on established bus routes

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

  Section  1.  Subdivision  1  of  section  3635 of the education law is
amended by adding a new paragraph h to read as follows:
  H. (I) THE BOARD OF EDUCATION OR TRUSTEES OF EACH SCHOOL DISTRICT  AND
THE  CITY  SCHOOL  DISTRICT OF NEW YORK SHALL DEVELOP A MEDICAL HARDSHIP
WAIVER POLICY TO GRANT OR DENY PERMISSION TO CHILDREN  ATTENDING  GRADES
KINDERGARTEN  THROUGH  EIGHT  WHO  LIVE WITHIN TWO MILES FROM THE SCHOOL
WHICH THEY LEGALLY ATTEND AND FOR CHILDREN ATTENDING GRADES NINE THROUGH
TWELVE WHO LIVE WITHIN THREE MILES FROM THE SCHOOL  WHICH  THEY  LEGALLY
ATTEND  TO  USE  ALREADY  ESTABLISHED  PICK-UP AND/OR DROP-OFF POINTS ON
ALREADY ESTABLISHED BUS ROUTES.
  (II) THE  MEDICAL  HARDSHIP  WAIVER  POLICY  ESTABLISHED  PURSUANT  TO
SUBPARAGRAPH (I) OF THIS PARAGRAPH SHALL INCLUDE:
  (1)  A  FORMAL REQUEST PROCEDURE FOR A PARENT OR GUARDIAN TO REQUEST A
MEDICAL HARDSHIP WAIVER BASED UPON A SERIOUS MEDICAL CONDITION  SUFFERED
BY  THE  CHILD,  PARENT OR GUARDIAN AND THE RESULTING HARDSHIP IN TRANS-
PORTING THE CHILD TO AND/OR FROM SCHOOL;
  (2) A REQUIREMENT FOR SUBMISSION OF MEDICAL  DOCUMENTATION,  CERTIFIED
BY A PHYSICIAN OR OTHER DULY AUTHORIZED HEALTH CARE PROVIDER, OF A DIAG-
NOSIS  OF  A SERIOUS MEDICAL CONDITION WITH A DESCRIPTION OF THE LIMITA-
TIONS RESULTING FROM SUCH DIAGNOSIS AND THE  APPROXIMATE  DURATION  THAT
SUCH LIMITATIONS WILL BE SUFFERED BY THE CHILD, PARENT OR GUARDIAN;
  (3) A REQUIREMENT FOR SUBMISSION OF DOCUMENTATION OF THE NATURE OF THE
HARDSHIP INCLUDING THE INABILITY OF THE CHILD TO SAFELY TRAVEL TO AND/OR
FROM  SCHOOL  WITHOUT  THE  REQUESTED  MEDICAL HARDSHIP WAIVER OR OF THE
INABILITY OF THE PARENT OR GUARDIAN TO SAFELY  TRANSPORT  THE  CHILD  TO

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14813-01-6
              

A. 9741                             2

AND/OR  FROM  SCHOOL  DUE  TO THE PARENT OR GUARDIAN SUFFERING A SERIOUS
MEDICAL CONDITION;
  (4)  CONSIDERATION  OF  THE  COST, IF ANY, THAT WOULD BE INCURRED BY A
SCHOOL DISTRICT IN GRANTING THE MEDICAL HARDSHIP REQUEST FOR SUCH TRANS-
PORTATION;
  (5) A REQUIREMENT OF A WRITTEN ACCEPTANCE OR  DENIAL  OF  THE  MEDICAL
HARDSHIP  REQUEST  UPON A VOTE OF THE SCHOOL BOARD AND THAT SUCH WRITTEN
ACCEPTANCE OR DENIAL SHALL BE PROVIDED TO THE REQUESTING PARENT OR GUAR-
DIAN WITHIN ONE HUNDRED EIGHTY DAYS OF THE SUBMISSION  OF  THE  REQUEST;
AND
  (6)  ANY  OTHER PROVISIONS OR CONSIDERATIONS DEEMED APPROPRIATE BY THE
SCHOOL DISTRICT.
  (III) NOTHING IN THIS PARAGRAPH SHALL BE CONSTRUED TO  REQUIRE  SCHOOL
DISTRICTS TO CREATE NEW BUS STOPS OR ROUTES TO ACCOMMODATE SUCH REQUEST.
  (IV)  TRANSPORTATION  FOR A LESSER DISTANCE THAN TWO MILES IN THE CASE
OF CHILDREN ATTENDING GRADES KINDERGARTEN THROUGH EIGHT OR  THREE  MILES
IN  THE  CASE  OF  CHILDREN  ATTENDING GRADES NINE THROUGH TWELVE MAY BE
PROVIDED THROUGH AN APPROVED MEDICAL HARDSHIP WAIVER  PURSUANT  TO  THIS
PARAGRAPH  WITHOUT  THE  APPROVAL  OF  QUALIFIED  VOTERS AND WITHOUT ANY
REQUIREMENT TO OFFER SUCH TRANSPORTATION EQUALLY TO ALL CHILDREN IN LIKE
CIRCUMSTANCES RESIDING IN THE DISTRICT.
  S 2. Paragraph a of subdivision 1 of section  3635  of  the  education
law,  as  amended  by  section 11 of part A of chapter 97 of the laws of
2011, 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 OR WHO ARE GRANTED A WAIVER  PURSUANT  TO  PARAGRAPH  H  OF  THIS
SUBDIVISION  and  for  all children attending grades nine through twelve
who live more than three miles from the school which they legally attend
OR WHO ARE GRANTED A WAIVER PURSUANT TO PARAGRAPH H OF THIS  SUBDIVISION
and  shall  be  provided for each such child up to a distance of fifteen
miles, the distances in each case being measured by the  nearest  avail-
able  route  from home to school. The cost of providing such transporta-
tion between two or three miles OR PURSUANT TO SUCH  A  WAIVER,  as  the
case  may  be, and fifteen miles shall be considered for the purposes of
this chapter to be a charge upon the district and an ordinary contingent
expense of the district. Transportation for a lesser distance  than  two
miles  in  the  case  of  children attending grades kindergarten through
eight or three miles in the  case  of  children  attending  grades  nine
through  twelve  and  for  a  greater distance than fifteen miles 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  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 OR PURSUANT TO PARAGRAPH  H
OF THIS SUBDIVISION.
  S  3.  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. 9741                             3

  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 OR WHO ARE GRANTED A WAIVER  PURSUANT  TO  PARAGRAPH  H  OF  THIS
SUBDIVISION  and  for  all children attending grades nine through twelve
who live more than three miles from the school which they legally attend
OR WHO ARE GRANTED A WAIVER PURSUANT TO PARAGRAPH H OF THIS  SUBDIVISION
and  shall  be  provided for each such child up to a distance of fifteen
miles, the distances in each case being measured by the  nearest  avail-
able  route  from home to school. The cost of providing such transporta-
tion between two or three miles OR PURSUANT TO SUCH  A  WAIVER,  as  the
case  may  be, and fifteen miles shall be considered for the purposes of
this chapter to be a charge upon the district and an ordinary contingent
expense of the district.  Transportation for a lesser distance than  two
miles  in  the  case  of  children attending grades kindergarten through
eight or three miles in the  case  of  children  attending  grades  nine
through  twelve  and  for  a  greater distance than fifteen miles may be
provided by the district, 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 transportation offered
pursuant to section thirty-six hundred thirty-five-b of this article  OR
PURSUANT TO PARAGRAPH H OF THIS SUBDIVISION.
  S  4.  This act shall take effect immediately; provided, however, that
the amendments to paragraph a of subdivision 1 of section  3635  of  the
education  law  made  by section two 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, as amended, when upon such
date the provisions of section three of this act shall take effect.