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This entry was published on 2014-09-22
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SECTION 3621
Definitions
Education (EDN) CHAPTER 16, TITLE 5, ARTICLE 73, PART 2
§ 3621. Definitions. As used in this part and subdivision seven of
section thirty-six hundred two of this article:

1. "School district" means common school districts, to the extent that
they provide transportation of students in grades seven through twelve
to a school outside the district, consolidated school districts, central
school districts, central high school districts, union free school
districts, except special act school districts as defined in section
four thousand one of this chapter, and city school districts.
Notwithstanding any provision contained in this chapter to the contrary,
the transportation aid provided, pursuant to subdivision seven of
section thirty-six hundred two of this article and this part shall not
be apportioned and paid to any school district not maintaining a home
school, or to a common school for pupils in kindergarten through grade
six.

2. a. "Pupil" means a child for whom transportation aid is paid and
who lives more than one and one-half miles from the school which he or
she attends, measured by the nearest available road to such school, or a
child who lives more than one mile from an approved route, measured by
the nearest available road to such route, and also lives more than one
and one-half miles from the school which he or she attends. Nothing
contained in this subdivision shall be deemed to require a school
district to furnish transportation to a child who, if a student in an
elementary grade, lives less than two miles or, if a student in an
academic grade, lives less than three miles from the school which he or
she attends, measured by the nearest available road. "Pupil" also means
a child living more than one and one-half miles from the school which he
or she attends who is transported between home and school by a regional
or joint transportation system. "Pupil" also means a child of a pupil
legally attending an elementary or secondary school who receives
transportation pursuant to paragraph f of subdivision one of section
thirty-six hundred thirty-five of this article and who lives more than
one and one-half miles from the school which his or her parent attends,
measured by the nearest available road to such school, or such a child
who lives more than one mile from an approved route, measured by the
nearest available road to such route, and also lives more than one and
one-half miles from the school which his or her parent legally attends.

b. Notwithstanding the provisions of paragraph a of this subdivision,
any school district which provides transportation pursuant to an order
of the commissioner, dated the fourth day of August, nineteen hundred
seventy-eight, for pupils attending grades kindergarten through four who
live more than eight-tenths of a mile but less than one and one-half
miles from the school they legally attend shall be entitled to an
apportionment on the cost of such transportation pursuant to subdivision
seven of section thirty-six hundred two of this article.

c. Notwithstanding the provisions of paragraph a of this subdivision,
any school district which provides transportation pursuant to an order
of the commissioner, dated the nineteenth day of August, nineteen
hundred seventy-seven, for elementary pupils who live more than
eight-tenths of a mile but less than one and one-half miles from the
school they legally attend, or such other distance as the board of
education may establish with the prior approval of the commissioner,
shall be entitled to an apportionment on the cost of such transportation
pursuant to subdivision seven of section thirty-six hundred two of this
article.

3. "Route" means a highway or highways over and upon which a school
bus regularly travels in accordance with a schedule maintained for the
transportation of pupils from their homes to school.

4. "Total annual mileage" means the actual mileage for all purposes
attributable to district-owned school buses for the school year period
of July first through June thirtieth, based on odometer readings,
including mileage for school buses disposed of during the July first
through June thirtieth period.

5. "Total annual allowable mileage" means the actual mileage for
transporting pupils to and from school once daily over scheduled routes
attributable to district-owned or leased school buses for the school
year period of July first through June thirtieth, based odometer
readings, including mileage for school buses disposed of during the July
first through June thirtieth period.

6. "School bus" means any vehicle or other means of conveyance used
for the purpose of transporting pupils.

7. "Storage" means any school bus garage facilities or sites which may
be approved by the commissioner.

8. "Regional or joint transportation system" means a transportation
system in which a school district participates pursuant to a contract
executed in accordance with paragraph h of subdivision twenty-five of
section seventeen hundred nine of this chapter.

9. "District share of the cost of regional or joint transportation
systems" shall mean the share of the cost of such transportation
prorated among all the school district or districts and board or boards
of cooperative educational services participating in the regional or
joint transportation, as determined in accordance with regulations
promulgated by the commissioner, provided that in no case shall there be
any deduction made in determining transportation aid on the basis of bus
mileage travelled in transporting children pursuant to a contract
executed in accordance with paragraph h of subdivision twenty-five of
section seventeen hundred nine of this chapter and provided that
transportation aid for jointly operated transportation system shall be
determined in the same manner as for individual school districts.

10. School bus stop-arm. The term "school bus stop-arm" means an
auxiliary device conforming to the standards established by the
commissioner pursuant to subdivision twenty-one-c of section three
hundred seventy-five of the vehicle and traffic law.

11. School bus back up beeper. The term "school bus back up beeper"
means an auxiliary device conforming to the standards established by the
commissioner pursuant to subdivision twenty-one-d of section three
hundred seventy-five of the vehicle and traffic law.

12. School bus front crossing arm. The term "school bus front crossing
arm" means an auxiliary device conforming to the standards established
by the commissioner pursuant to subdivision twenty-one-e of section
three hundred seventy-five of the vehicle and traffic law.

13. School bus safety sensor device. The term "school bus safety
sensor device" means an auxiliary device conforming to the standards
established by the commissioner pursuant to subdivision twenty-one-f of
section three hundred seventy-five of the vehicle and traffic law.

14. "Exterior reflective markings" shall mean the exterior reflective
marking required to be attached to school buses pursuant to subdivision
twenty-one-h of section three hundred seventy-five of the vehicle and
traffic law.

15. School bus engine fire suppression system. The term "school bus
engine fire suppression system" shall mean an auxiliary device required
to be installed pursuant to subdivision twenty-one-i of section three
hundred seventy-five of the vehicle and traffic law and which conforms
to standards established by the commissioner of transportation pursuant
to such subdivision.