S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2011
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2025
                                ___________
 
 Introduced  by M. of A. SMULLEN, DeSTEFANO, BRABENEC, MANKTELOW, ANGELI-
   NO, BENDETT, HAWLEY, LEMONDES, E. BROWN -- read once and  referred  to
   the Committee on Education
 
 AN  ACT  to  amend  the  education  law, in relation to permitting local
   boards of education to  enter  into  contracts  with  a  drive-sharing
   network of persons for reimbursement of transportation expenses
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative findings and intent. The legislature recognizes
 that the high costs  associated  with  purchasing  zero-emission  school
 buses and providing pupil transportation services are a concern for many
 school  districts  and  parents.  In  New  York  state,  parents, family
 members, teachers and neighbors of students have expressed  interest  in
 helping  to  transport  students  to  and from school to help reduce the
 costs of pupil transportation services. However,  currently  only  legal
 parents  or guardians are permitted to transport children under a parent
 contract, which allows a school district to compensate the legal  parent
 or guardian for transporting their own children.
   This  act proposes to amend the education law to allow local boards of
 education to expand parent contracts so schools  can  contract  with  an
 approved network of parents, family members, neighbors, and teachers for
 the  purpose  of providing pupil transportation. These individuals would
 be reimbursed based on either the approved mileage rate for staff or the
 IRS mileage rate, plus tolls, whichever is greater.
   § 2. Subdivision 27 of section 1709 of the education law,  as  amended
 by chapter 737 of the laws of 1992, is amended to read as follows:
   27.  A.  To  contract  with  any  person,  corporation or other school
 district for the conveyance of pupils residing within the district, when
 authorized to do so under subdivision nineteen of section  two  thousand
 twenty-one  of  this chapter, by vote of the inhabitants of the district
 entitled to vote, or to contract  for  the  operation,  maintenance  and
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04559-01-5
              

 A. 2011                             2
 
 garaging  of  motor  vehicles  owned by the district, in accordance with
 such rules and regulations as such board  of  education  may  establish,
 consistent  with the regulations of the commissioner. Upon authorization
 by  a school district meeting, every such contract of transportation may
 be made for a period  not  exceeding  five  years,  notwithstanding  any
 provision of any other law inconsistent herewith.
   B.  TO  CONTRACT WITH AN APPROVED DRIVE-SHARING NETWORK OF PERSONS FOR
 THE CONVEYANCE OF PUPILS RESIDING WITHIN THE  DISTRICT,  IN  WHICH  SUCH
 PERSONS ARE COMPENSATED BASED UPON THE APPROVED MILAGE RATE FOR STAFF OR
 THE  IRS MILEAGE RATE, PLUS TOLLS, WHICHEVER IS GREATER, WHEN AUTHORIZED
 TO DO SO UNDER SUBDIVISION NINETEEN OF SECTION TWO  THOUSAND  TWENTY-ONE
 OF  THIS  CHAPTER. THE COMMISSIONER SHALL PROMULGATE ANY RULES AND REGU-
 LATIONS NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS PARAGRAPH, INCLUD-
 ING REQUIRING ALL SUCH PERSONS TO MEET OR EXCEED THE SAFETY  REGULATIONS
 SET  FORTH  IN  8  NYCRR  156.3. UPON AUTHORIZATION BY A SCHOOL DISTRICT
 MEETING, EVERY SUCH CONTRACT OF TRANSPORTATION MAY BE MADE FOR A  PERIOD
 NOT  EXCEEDING  ONE YEAR, NOTWITHSTANDING ANY PROVISION OF ANY OTHER LAW
 INCONSISTENT HEREWITH. REIMBURSEMENT PROVIDED FOR UNDER  THIS  PARAGRAPH
 SHALL BE SUBJECT TO THE FOLLOWING CONDITIONS:
   (I)  THE LOCAL BOARD OF EDUCATION SHALL REQUIRE PROOF OF THE TRANSPOR-
 TATION EXPENSES, SUCH AS RECEIPTS, MILEAGE LOGS OR  ANY  OTHER  DOCUMENT
 DEEMED ACCEPTABLE BY THE BOARD;
   (II)  THE LOCAL BOARD OF EDUCATION SHALL ESTABLISH POLICIES AND PROCE-
 DURES TO ENSURE THE SAFETY AND SECURITY OF  THE  STUDENTS  BEING  TRANS-
 PORTED; AND
   (III) THE LOCAL BOARD OF EDUCATION SHALL ESTABLISH POLICIES AND PROCE-
 DURES TO PREVENT CONFLICTS OF INTEREST OR THE APPEARANCE OF IMPROPRIETY.
   § 3. This act shall take effect immediately.