S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10301
 
                           I N  A S S E M B L Y
 
                               May 13, 2022
                                ___________
 
 Introduced  by  COMMITTEE  ON  RULES -- (at request of M. of A. Otis) --
   read once and referred to the Committee on Education
 
 AN ACT to amend the education law, in relation to creating a transporta-
   tion subsidy to increase access to water safety instruction
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The education law is amended by adding a new section 3641-c
 to read as follows:
   §  3641-C. AFTER SCHOOL TRANSPORTATION SUBSIDY FOR PRIVATE INSTRUCTION
 IN WATER SAFETY. 1. THE DEPARTMENT SHALL MAKE  AVAILABLE,  AND  ELIGIBLE
 PUBLIC  SCHOOLS  IN THE STATE SHALL PROVIDE, AN OPTIONAL SUBSIDY TO FUND
 TRANSPORTATION FOR STUDENTS TO ATTEND A  QUALIFIED  SWIMMING  AND  WATER
 SAFETY  INSTRUCTION  COURSE  AT A QUALIFIED PRIVATE FACILITY. THE QUALI-
 FICATIONS OF SUCH COURSE AND FACILITY SHALL BE DEFINED  BY  THE  COMMIS-
 SIONER, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, IN REGULATIONS.
   2. STUDENTS ATTENDING A PUBLIC SCHOOL WITHIN THE STATE SHALL BE ELIGI-
 BLE TO ENROLL INTO THE TRANSPORTATION SUBSIDY PROVIDED THAT:
   (A)  WITHIN  A CITY OF ONE MILLION OR MORE, THERE ARE NO MORE THAN TEN
 QUALIFIED FACILITIES PROVIDING A QUALIFIED COURSE  WITHIN  A  RADIUS  OF
 TWO-AND-ONE-HALF MILES OF SUCH PUBLIC SCHOOL; OR
   (B)  OUTSIDE A CITY OF ONE MILLION OR MORE, THERE ARE NO MORE THAN TEN
 QUALIFIED FACILITIES PROVIDING A QUALIFIED COURSE  WITHIN  A  RADIUS  OF
 FIVE MILES OF SUCH PUBLIC SCHOOL.
   3.  ALL  STUDENTS IN GRADES KINDERGARTEN THROUGH TWELVE AT AN ELIGIBLE
 PUBLIC SCHOOL MAY OPT INTO THE TRANSPORTATION  SUBSIDY  UPON  DISPLAYING
 PROOF OF SUCH STUDENT'S ENROLLMENT IN AN ELIGIBLE INSTRUCTION PROGRAM AT
 AN ELIGIBLE FACILITY.
   4. THE DEPARTMENT SHALL PROMULGATE REGULATIONS TO DETERMINE:
   (A)  WHICH  FORMS OF TRANSPORTATION MAY BE FUNDED BY SUCH SUBSIDY ON A
 LOCAL BASIS, INCLUDING BUT NOT LIMITED TO SCHOOL BUSES OR PUBLIC  TRANS-
 IT;
   (B) ON WHAT BASIS SEPARATE TRANSPORTATION FOR A PARENT MAY BE ELIGIBLE
 FOR THE SUBSIDY; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14731-01-2
              

 A. 10301                            2
 
   (C)  IN WHAT FORM SUBSIDY ALLOTMENTS ARE TO BE DISTRIBUTED TO ENROLLED
 STUDENTS.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.