S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    43
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 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
 distance than two miles in the case of children attending grades kinder-
 garten through eight or three miles in the case  of  children  attending
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00019-01-5
 A. 43                               2
 
 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
 situated  within  the  school district. This definition includes, but is
 not limited to, a variety of  child  care  services  such  as  day  care
 A. 43                               3
 
 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.