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This entry was published on 2024-07-12
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SECTION 3627
Transportation after 4pm
Education (EDN) CHAPTER 16, TITLE 5, ARTICLE 73, PART 2
§ 3627. Transportation after 4pm. 1. Notwithstanding any other
provisions of this section to the contrary, for the two thousand
thirteen--two thousand fourteen and two thousand fourteen--two thousand
fifteen school year and thereafter, a city school district located in a
city having a population of one million or more providing transportation
pursuant to this chapter shall be responsible for:

(a) providing transportation for those children attending public and
nonpublic schools in grades kindergarten through six who remain at the
same school for which they are enrolled for regularly scheduled academic
classes from half-past nine o'clock in the morning or earlier until four
o'clock in the afternoon or later, on weekdays, and reside at least one
mile from their school of attendance for grades three through six, and
at least one-half mile from their school of attendance for grades
kindergarten through two or

(b) reimbursing the cost incurred by licensed transportation carriers
pursuant to contracts with such school district for providing
transportation for those children attending public and nonpublic schools
in grades kindergarten through six who remain at the same school for
which they are enrolled for regularly scheduled academic classes from
half-past nine o'clock in the morning or earlier until four o'clock in
the afternoon or later, on weekdays, and reside at least one mile from
their school of attendance for grades three through six, and at least
one-half mile from their school of attendance for grades kindergarten
through two.

2. Nothing herein shall prohibit the school district from reimbursing
for costs incurred for contracts between the school district and any
entity providing or contracting for such transportation service.

3. A district shall not be deemed to have satisfied its obligation
under this section by providing public service transportation.

4. Notwithstanding any other provision of law to the contrary, any
expenditures for transportation provided pursuant to this section in the
two thousand thirteen--two thousand fourteen school year and thereafter
and otherwise eligible for transportation aid pursuant to subdivision
seven of section thirty-six hundred two of this article shall be
considered approved transportation expenses eligible for transportation
aid, provided further that for the two thousand thirteen--two thousand
fourteen school year such aid shall be limited to eight million one
hundred thousand dollars and for the two thousand fourteen--two thousand
fifteen school year such aid shall be limited to the sum of twelve
million six hundred thousand dollars plus the base amount and for the
two thousand fifteen--two thousand sixteen school year through two
thousand eighteen--two thousand nineteen school year such aid shall be
limited to the sum of eighteen million eight hundred fifty thousand
dollars plus the base amount and for the two thousand nineteen--two
thousand twenty school year such aid shall be limited to the sum of
nineteen million three hundred fifty thousand dollars plus the base
amount and for the two thousand twenty--two thousand twenty-one school
year such aid shall be limited to the sum of nineteen million eight
hundred fifty thousand dollars plus the base amount and for the two
thousand twenty-two--two thousand twenty-three school year such aid
shall be limited to the sum of twenty-two million three hundred fifty
thousand dollars plus the base amount and for the two thousand
twenty-three--two thousand twenty-four school year such aid shall be
limited to the sum of twenty-four million eight hundred fifty thousand
dollars plus the base amount and for the two thousand twenty-four--two
thousand twenty-five school year and thereafter such aid shall be
limited to the sum of twenty-nine million eight hundred fifty thousand
dollars plus the base amount. For purposes of this subdivision, "base
amount" means the amount of transportation aid paid to the school
district for expenditures incurred in the two thousand twelve--two
thousand thirteen school year for transportation that would have been
eligible for aid pursuant to this section had this section been in
effect in such school year, except that subdivision six of this section
shall be deemed not to have been in effect. And provided further that
the school district shall continue to annually expend for the
transportation described in subdivision one of this section at least the
expenditures used for the base amount.

5. Notwithstanding any other provision of this section to the
contrary, in no event shall such city school district, in order to
comply with the requirements of this section, be required to incur any
costs in excess of the amount eligible for transportation aid pursuant
to subdivision four of this section. In the event such amount is
insufficient, the city school district of New York shall provide
transportation services within such amount on an equitable basis, until
such apportionment is exhausted.

6. The chancellor of such school district, in consultation with the
commissioner, shall prescribe the most cost effective system for
implementing the requirements of this section, taking into
consideration: (a) the costs associated with paragraphs (a) and (b) of
subdivision one of this section, and (b) policies that attempt to
maximize student safety for the student to be transported, which for
purposes of this section shall include whether the pick up or drop off
site of the transportation is:

(i) not further than 600 feet from the student's residence; and/or

(ii) at the same locations for any family that have children at the
same residence who attend two or more different schools.

7. (a) In the event the chancellor has not satisfied a district's
obligation under this section, a parent or guardian or any
representative authorized by such parent or guardian of a child eligible
to receive transportation under this section may request the
commissioner to arrange for the provision of the transportation to so
satisfy the requirements of this section.

(b) If within sixty days of receiving a request from such a parent or
guardian or any representative authorized by such parent or guardian,
the commissioner determines that the chancellor has not satisfied a
district's obligation under this section, then the commissioner shall
immediately direct the chancellor to contract with a licensed
transportation carrier to provide the transportation required pursuant
to this section.

(c) In the event the chancellor is directed by the commissioner to
contract with a licensed transportation carrier to provide the
transportation required pursuant to this section, the chancellor shall
provide the commissioner with a copy of such proposed contract, before
it becomes effective, and the commissioner shall have the power to
approve, disapprove or require amendments to such contract before it
shall become effective.

(d) A district, determined by the commissioner to not be in compliance
with the requirements of this section, shall be responsible for the cost
of any transportation contract awarded by the chancellor.

8. The parent or guardian, or any representative authorized by such
parent or guardian, may submit a written request for transportation
under this section, in the same manner and upon the same dates as are
required for a request for transportation pursuant to subdivision two of
section thirty-six hundred thirty-five of this article.