S T A T E   O F   N E W   Y O R K
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                                   1670
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 15, 2019
                                ___________
 
 Introduced  by  Sen.  BROOKS -- 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  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00111-01-9

 S. 1670                             2
 
 FROM SCHOOL WITHOUT THE REQUESTED MEDICAL  HARDSHIP  WAIVER  OR  OF  THE
 INABILITY  OF  THE  PARENT  OR GUARDIAN TO SAFELY TRANSPORT THE CHILD TO
 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.
   (V) THE COST OF PROVIDING SUCH TRANSPORTATION SHALL BE A  CHARGE  UPON
 THE  DISTRICT AND FOR THE PURPOSES OF SUBDIVISION SEVEN OF SECTION THIR-
 TY-SIX HUNDRED TWO OF THIS ARTICLE,  SUCH  PUPILS  SHALL  BE  CONSIDERED
 NONALLOWABLE  PUPILS  AND THE COSTS OF THEIR TRANSPORTATION SHALL NOT BE
 AIDABLE.
   § 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-

 S. 1670                             3
 
 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.
   §  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. 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.
   §  4.  Paragraph  d  of subdivision 7 of section 3602 of the education
 law, as amended by section 22 of part C of chapter 57  of  the  laws  of
 2004, is amended to read as follows:
   d.  In  determining  approved  transportation  operating  expense  for
 district-owned transportation and approved transportation capital,  debt
 service  and  lease  expense  pursuant  to paragraphs b, c and e of this
 subdivision and part two of this article, the commissioner shall make  a
 deduction  from  the total transportation expense for the transportation
 of nonallowable pupils, and for that portion of the total annual mileage
 of district-owned school buses that is not aidable  because  it  is  not
 included  in  the  total  annual allowable mileage as defined in section
 thirty-six hundred twenty-one of this article, provided that such calcu-
 lations shall be made pursuant to regulations of the  commissioner,  and
 further provided that such regulations shall provide for an exclusion of
 pupil  miles  for  transportation provided on a space-available basis to
 pupils attending an approved universal prekindergarten program  pursuant
 to  section  thirty-six  hundred two-e of this [article] PART AS WELL AS
 PUPILS TRANSPORTED UNDER A MEDICAL HARDSHIP WAIVER PURSUANT TO PARAGRAPH
 H OF SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED THIRTY-FIVE  OF  THIS
 ARTICLE that [does] DO not result in additional transportation costs.
   § 5. The commissioner of education may promulgate such rules and regu-
 lations  as  he or she deems necessary to carry out the purposes of this
 act.

 S. 1670                             4
 
   § 6. 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.