NY Educ L § 3635 (2021)
2021 New York Laws EDN - Education Title 5 - Taxation and Financial Administration Article 73 - Apportionment of Public Moneys Part 3 - Transportation Services 3635 - Transportation.

§ 3635. Transportation.  1.  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, 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 fifteen miles shall be considered for the purposes of this chapter to be a  charge  upon  the  district and an ordinary contingent expense of the district. Transportation for a lesser distance than  two  miles  in  the case  of  children  attending grades kindergarten through eight or three miles in the case of children attending grades nine through  twelve  and for  a  greater  distance  than  fifteen  miles  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  transportation offered pursuant to section thirty-six hundred thirty-five-b of this article.   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 transportation for pupils between their home and  such  pick-up  points. The  district  may  provide  school bus transportation to a pupil if the residence of the pupil is  located  on  an  established  route  for  the transportation  of pupils to the centralized pick-up point provided such transportation does not result in additional costs to the district.  The cost  of  providing  transportation between such pick-up points and such nonpublic schools shall be an ordinary contingent expense.  (ii)  A  board  of  education  may,   at   its   discretion,   provide transportation  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 preceding  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. 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.   c. The foregoing provisions of  this  subdivision  shall  not  require transportation to be provided for children residing within a city school district,  but if provided by such district pursuant to other provisions of this chapter, such transportation shall be  offered  equally  to  all such  children  in  like  circumstances;  provided  further that in city school  districts  in  cities  having  a  population  of   one   hundred  twenty-five   thousand  inhabitants  or  less  such  transportation,  if provided, shall be subject to  the  mileage  limitations  prescribed  in paragraph a of this subdivision or such greater or lesser limitations as are  approved  by  the  board of education prior to July first, nineteen hundred ninety-six or as otherwise authorized in subdivision  twelve  of section twenty-five hundred three of this chapter. City school districts with a population of more than two hundred twenty-five thousand and less than  three  hundred  thousand, according to the nineteen hundred eighty federal census, which elect to provide transportation  shall  do  so  in accord  with  the  grade  and  distance  provisions  of this subdivision including transportation outside the city limits.   d. Nothing contained in this subdivision, however, shall be deemed  to require  a school district to furnish transportation to a child directly to or from his or her home.   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 kindergarten 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 centers, family day care homes and in-home care by  non-relatives.  Such transportation   may   be   provided   for   children  attending  grades kindergarten 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, 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 fifteen miles 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 kindergarten 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 transportation pursuant to this paragraph may limit the  provision  of  such  transportation 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 fifteen miles 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 one of paragraph b of subdivision seven of section thirty-six  hundred  two  of this chapter. 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.   f. A board of education may, in its discretion, provide transportation pursuant to this subdivision to a child of less than school age residing within the school district to and from  the  school  which  his  or  her parent  legally attends; provided that such child is accompanied by such parent, that such parent is under twenty-one years of age  and  has  not received  a  high  school  diploma,  and  that  such  transportation  is furnished for the purpose of allowing the child to  receive  child  care services  and/or  attend  a  nursery  school,  pre-school,  or parenting program. For all purposes under this chapter,  a  child  receiving  such transportation  shall  be  deemed  a  pupil legally attending the school which his or her parent legally attends.  The  cost  of  providing  such transportation  shall  be considered for the purposes of this chapter to be a charge upon the district and an ordinary contingent expense of  the district. Such transportation expense shall be eligible for state aid in accordance  with subparagraph (i) of paragraph b of subdivision seven of section thirty-six hundred two of this article.   g. Notwithstanding any other provision of law  to  the  contrary,  the trustees  or  board  of  education  of  any  school district may, in its discretion, provide transportation for students  attending  a  universal pre-kindergarten  program  in  addition to transportation funded by such program  or  transportation  for  students  attending  another  district sponsored  or  district-run  pre-kindergarten  program,  within  mileage limits  established  by  the   school   district;   if   provided   such transportation  shall  be  offered  equally  to  all  children  in  like circumstances residing in the  district.  The  cost  of  providing  such transportation  shall  be a charge upon the district and for purposes of subdivision seven of section thirty-six hundred  two  of  this  chapter, such  pupils  shall  be considered non allowable pupils and the costs of their transportation shall not be aidable.   2. A parent or guardian of a child residing in any school district, or any representative authorized by such parent or  guardian,  who  desires for a child during the next school year any transportation authorized or directed  by this chapter shall submit a written request therefor to the school trustees or board of education of such district  not  later  than the  first  day  of  April  preceding  the  next  school year, provided, however, that 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.  No  late  request  of  a parent or guardian for transportation shall be denied where a reasonable explanation  is  provided for the delay. If the voters, school trustees, or board of education fail to provide the transportation  authorized  or  directed  by  this  chapter after receiving such a request, such parent, guardian or representative, or any taxpayer residing  in  the  district, may  appeal  to  the  commissioner  of education, as provided in section three  hundred ten of this chapter. Except as hereinbefore provided, the commissioner of education shall not require that such  parent,  guardian or  representative  present  a  request  for  such transportation to any meeting of the voters, school trustees or board of education in order to appeal. Upon such appeal, the commissioner of education shall make  such order  as  is  required to effect compliance with the provisions of this chapter and this section.   2-a. The superintendent of each city school district, in a city having a population in excess of one million, shall  prepare  a  public  school calendar  and  shall  notify  officials  of  nonpublic  schools to which transportation has been requested not later than the first day  of  June in each year, of the days on which the public schools will be in session in  the  following  school  year.  Such  school  district which provides transportation to nonpublic schools shall  provide  such  transportation for the same number of days as the public schools are open but shall not provide  transportation  services for more than one hundred eighty days. Officials of each nonpublic school to which transportation  is  provided by a city school district of a city having a population in excess of one million  may  notify such district, not later than the first day of July of each school year, of a maximum of five days, exclusive of  Saturdays, Sundays  or  legal holidays upon which public schools are required to be closed, on which the public schools are scheduled to be  closed,  except that  in  any year in which the first or last day of Passover and Easter Sunday are separated by more than seven days, such officials may  notify the  district of a maximum of ten days, but such school district will be required to provide for transportation to such nonpublic school provided that such five or ten additional  days,  whichever  is  applicable,  are limited  to  the  following: the Tuesday, Wednesday, Thursday and Friday after Labor Day, Rosh Hashanah, Yom Kippur, the  week  in  which  public schools  are  closed  for  spring recess, December twenty-fourth and the week between Christmas day and New Year's day, the  Tuesday,  Wednesday, Thursday  and Friday after the observance of Washington's birthday, and, in the  boroughs  of  Brooklyn  and  Queens  only,  Anniversary  Day  as designated in section twenty-five hundred eighty-six of this chapter.   3.  Notwithstanding  any other provision of law, rule or regulation to the contrary, in cities with a population of one million  or  more,  the requirement of paragraph c of subdivision one of this section, requiring that  a  city  school  district  providing  transportation  for children residing within such district offer such transportation equally  to  all such  children  in  like  circumstances,  shall  not apply to the use of existing contract bus service provided for children in elementary grades by pupils in grades seven and eight,  but  only  where  such  use  is  a reinstatement  of  a  service  provided  in the school year beginning in September, two thousand nine and ending in June two thousand ten.   5. For the purpose of affording the greatest  possible  protection  to school  children,  drive-off places on public highways may be designated by the appropriate board of  education  or  district  superintendent  to permit  school  busses  to  be  driven  off  the  highway  to receive or discharge  school  children,  and  the  state  or  municipality   having jurisdiction  of such highway, is authorized to provide construction and maintenance of such designated drive-offs.   6. In the event  that  the  expenses  entailed  by  the  phase-out  of omnibuses  required  by  paragraph  (k) of subdivision twenty of section three hundred seventy-five of  the  vehicle  and  traffic  law  are  not  otherwise  provided  for,  such expenses shall be an ordinary contingent expense of a school district.   7.  Notwithstanding  any  other  provision of law, rule or regulation, where a child is permitted by a school district or board of education to attend a public school  other  than  the  school  to  which  they  would normally  be  assigned,  a  parent  of  such  child  may  agree to waive provision of transportation which would otherwise be required under this section and no such transportation shall be required. Any  agreement  to waive transportation must be renewed annually in writing.   * 8.  a.  The trustees or board of education of a school district may, at its discretion, provide student transportation based upon patterns of actual ridership. The actual ridership shall be determined by  a  school district  based  upon  documented  history  and experience that yields a consistent pattern of eligible pupils not using district transportation; or modeling of  future  ridership;  or  the  sharing  of  transportation regionally;  or  other  criteria  approved by the commissioner; provided however that any methodology shall require an additional ten percent  in seating   capacity   above  the  number  of  seats  derived  using  such methodology which shall be available in case of unanticipated riders.   Nothing in this subdivision shall be construed to  reduce  or  relieve school  districts from the responsibility of providing transportation to students otherwise eligible for such  transportation.  Nothing  in  this subdivision  shall  be  construed to authorize a school district to have standing  passengers  in  violation  of   section   thirty-six   hundred thirty-five-c  of this article, and unanticipated ridership shall not be deemed an unforeseen occurrence for purposes of subdivision two of  such section  after  the  first  day  in  which  such unanticipated ridership occurs.   Any school district that, at its discretion, has  elected  to  provide student  transportation  based  upon  patterns of actual ridership shall place such plans on the school district's website, if one exists, on  or before  August  fifteenth of the school year in which the transportation plan will be implemented and shall be required to have a back up plan as part of their emergency management practices for pupil transportation in the event that a bus is filled beyond capacity.   b.  The  commissioner  shall  evaluate  the  effectiveness   of   this subdivision  including  the  methodologies  used  by school districts to determine  the  patterns  of   actual   ridership   and   whether   such methodologies  ensure  that  all  students  otherwise  eligible  receive transportation and that student safety is assured.   * NB Repealed June 30, 2024