S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5068
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 10, 2021
                                ___________
 
 Introduced by M. of A. PAULIN -- read once and referred to the Committee
   on Education
 
 AN  ACT to amend the education law, in relation to the transportation of
   children residing in a school district in the village of Tuckahoe
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraphs a, b and e of subdivision 1 of section 3635 of
 the education law, paragraph a as amended by section 11  of  part  A  of
 chapter 97 of the laws of 2011, paragraph b as amended by chapter 718 of
 the  laws of 1990, subparagraph (i) of paragraph b as amended by chapter
 571 of the laws of 1994 and paragraph e as amended by chapter 665 of the
 laws of 1990, are 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 and for all children attending grades  nine  through  twelve  who
 live more than three miles from the school which they legally attend and
 shall be provided for each such child up to a distance of fifteen miles,
 EXCEPT  UPON  THE ADOPTION OF A RESOLUTION, LIMITING SUCH TRANSPORTATION
 TO SEVEN MILES, BY THE BOARD OF EDUCATION OF A SCHOOL  DISTRICT  IN  THE
 VILLAGE  OF  TUCKAHOE,  the distances in each case being measured by the
 nearest available route from home to school. The cost of providing  such
 transportation between two or three miles, as the case may be, and SEVEN
 OR  fifteen  miles,  AS  THE  CASE  MAY  BE, shall be considered for the
 purposes of this chapter to be a charge upon the district and  an  ordi-
 nary  contingent  expense  of  the district. Transportation for a lesser
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01977-01-1

 A. 5068                             2
 
 distance than two miles in the case of children attending grades kinder-
 garten through eight or three miles in the case  of  children  attending
 grades  nine  through  twelve  and  for a greater distance than SEVEN OR
 fifteen  miles, AS THE CASE MAY BE, 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 circumstances residing in the  district;
 provided,  however, that this requirement shall not apply to transporta-
 tion offered pursuant to section  thirty-six  hundred  thirty-five-b  of
 this [article] PART.
   b. (i) School districts providing transportation to a nonpublic school
 for  pupils  living  within  a specified distance from such school shall
 designate one or more public schools as centralized pick-up  points  and
 shall  provide  transportation  between  such  points and such nonpublic
 schools for students residing in the district who live too far from such
 nonpublic schools to qualify for transportation between home and school.
 The district shall not be responsible for the provision  of  transporta-
 tion  for  pupils  between  their  home  and  such pick-up points.   The
 district may provide school bus transportation to a pupil if  the  resi-
 dence  of the pupil is located on an established route for the transpor-
 tation of pupils to the centralized pick-up point provided  such  trans-
 portation does not result in additional costs to the district.  The cost
 of providing transportation between such pick-up points and such nonpub-
 lic schools shall be an ordinary contingent expense.
   (ii)  A board of education may, at its discretion, provide transporta-
 tion for pupils residing within  the  district  to  a  nonpublic  school
 located more than fifteen miles from the home of any such pupil provided
 that  such  transportation  has  been  provided to such nonpublic school
 pursuant to this subdivision in at least one of the immediately  preced-
 ing  three  school years and such transportation is provided from one or
 more centralized pick-up points designated pursuant  to  this  paragraph
 and  that  the distance from such pick-up points to the nonpublic school
 is not more than fifteen miles. PROVIDED,  HOWEVER,  THAT  IN  A  SCHOOL
 DISTRICT  THAT  HAS  ADOPTED  A  RESOLUTION  PROVIDING  THAT THE MAXIMUM
 DISTANCE FOR TRANSPORTATION IS SEVEN MILES, PURSUANT TO PARAGRAPH  A  OF
 THIS SUBDIVISION, THE BOARD OF EDUCATION MAY, AT ITS DISCRETION, PROVIDE
 TRANSPORTATION  FOR  PUPILS  RESIDING WITHIN THE DISTRICT TO A NONPUBLIC
 SCHOOL LOCATED MORE THAN SEVEN MILES FROM THE HOME  OF  ANY  SUCH  PUPIL
 PROVIDED  THAT  SUCH  TRANSPORTATION HAS BEEN PROVIDED TO SUCH NONPUBLIC
 SCHOOL PURSUANT TO THIS SUBDIVISION IN AT LEAST ONE OF  THE  IMMEDIATELY
 PRECEDING  THREE  SCHOOL  YEARS AND SUCH TRANSPORTATION IS PROVIDED FROM
 ONE OR MORE CENTRALIZED PICK-UP POINTS DESIGNATED PURSUANT TO THIS PARA-
 GRAPH AND THAT DISTANCE FROM SUCH PICK-UP POINTS TO THE NONPUBLIC SCHOOL
 IS NOT MORE THAN SEVEN MILES. The district shall not be responsible  for
 the provision of transportation for pupils between pupils homes and such
 pick-up  points. The cost of providing transportation between such pick-
 up points and such nonpublic schools shall  be  an  ordinary  contingent
 expense.
   e.  In  lieu  of the transportation provided pursuant to the foregoing
 provisions of this  subdivision,  a  board  of  education  may,  at  its
 discretion, provide transportation to any child attending grades kinder-
 garten  through  eight between the school such child legally attends and
 before-and/or-after-school child care locations.  For  the  purposes  of
 this subdivision, a before-and/or-after-school child care location shall
 mean  a  place,  other  than  the child's home, where care for less than
 twenty-four hours a day is provided on a regular basis for a  child  who
 attends  school  within the school district, provided that such place is

 A. 5068                             3
 
 situated within the school district. This definition  includes,  but  is
 not  limited  to,  a  variety  of  child  care services such as day care
 centers, family day care homes and in-home care by non-relatives.   Such
 transportation  may be provided for children attending grades kindergar-
 ten through eight where the distance between  the  school  they  legally
 attend  and before-and/or-after-school child care locations is more than
 two miles, and may be provided for up to a distance  of  fifteen  miles,
 EXCEPT  UPON  THE ADOPTION OF A RESOLUTION, LIMITING SUCH TRANSPORTATION
 TO SEVEN MILES, BY THE BOARD OF EDUCATION OF A SCHOOL  DISTRICT  IN  THE
 VILLAGE  OF  TUCKAHOE,  the  distance in each case being measured by the
 nearest  available  route  from  before-and/or-after-school  child  care
 locations  to the school they legally attend, except that transportation
 for a lesser distance than two miles or a greater distance than FIVE  OR
 fifteen miles, AS THE CASE MAY BE, may be provided if transportation for
 such  distances is provided to students between home and school. Where a
 child receives transportation from a before-school child  care  location
 to the school he or she legally attends, such child shall be entitled to
 receive  transportation from the school he or she legally attends to his
 or her home or to an after-school child care location in accordance with
 this subdivision. Where a child receives transportation from the  school
 he  or  she legally attends to an after-school child care location, such
 child shall be entitled to  receive  transportation  from  home  to  the
 school  he  or  she legally attends in accordance with this subdivision.
 Transportation may be provided to any child attending grades  kindergar-
 ten  through  eight  between  the  school  the child legally attends and
 before-and/or-after-school child care locations upon written request  of
 the  parent  or legal guardian submitted not later than the first day of
 April preceding the next school year, provided,  however,  a  parent  or
 guardian  of  a  child  not  residing in the district on such date shall
 submit a written request within thirty days after establishing residence
 in the district and provided further that  in  order  to  be  considered
 eligible  for such transportation in the nineteen hundred eighty-seven--
 eighty-eight school year, such  request  must  be  submitted  by  August
 first, nineteen hundred eighty-seven. The provision of transportation to
 or  from  before-and/or-after-school  child care locations, if provided,
 shall be offered equally to all children in like circumstances  residing
 in the district, provided that a board of education furnishing transpor-
 tation pursuant to this paragraph may limit the provision of such trans-
 portation  to child care locations located within the attendance zone of
 the school the child attends, and  to child day care centers and  school
 age child care programs licensed or registered pursuant to section three
 hundred  ninety  of  the social services law located anywhere within the
 school district. The cost of providing such transportation  between  two
 or  three  miles, as the case may be, and SEVEN OR fifteen miles, AS THE
 CASE MAY BE, shall be considered for the purposes of this chapter to  be
 a charge upon the district. Such substitute transportation expense shall
 be  eligible  for state aid in accordance with [clause] SUBPARAGRAPH one
 of paragraph b of subdivision seven of section thirty-six hundred two of
 this [chapter] ARTICLE. Nothing in this subdivision shall  be  construed
 to  impose  a duty upon boards of education to provide transportation to
 or from before-and/or-after-school child care locations. Nothing in this
 subdivision shall be construed  to  authorize  boards  of  education  to
 provide to any child transportation between a before-and/or-after-school
 day care location and that child's home.
   §  2.  This act shall take effect on the first of July next succeeding
 the date on which it shall have become a law.