NY Educ L § 3635-B (2021)
2021 New York Laws EDN - Education Title 5 - Taxation and Financial Administration Article 73 - Apportionment of Public Moneys Part 3 - Transportation Services 3635-B - Authorization to Provide Pupil Transportation in Child Safety Zones.

§ 3635-b.  Authorization  to  provide  pupil  transportation  in child   safety zones. 1. This section shall apply where the board  of  education   or trustees of a common, central, central high school, union free school   district,  or  city school district of a city with less than one hundred   twenty-five  thousand  inhabitants   adopts   a   resolution   to   make   transportation  in child safety zones available to resident pupils for a   particular school year. Such resolution shall  continue  in  effect  for   subsequent  school  years  until the board adopts a resolution providing   otherwise.2. A board of education or board of trustees is authorized to adopt  a   resolution  providing  for  pupil  transportation in child safety zones,   where  applicable,  of  a  proposition  to   expend   money   for   such   transportation  presented  pursuant  to  the  provisions  of subdivision   nineteen of section two thousand twenty-one  and  section  two  thousand   twenty-two  of this chapter. Such transportation may be provided without   regard to like circumstances based solely upon the fact that  the  pupil   resides  within  two miles, in the case of a pupil in grade kindergarten   through eight, and within three miles, in the case of a pupil  in  grade   nine  through  twelve,  from  the  school  such  pupil  legally attends,   notwithstanding the provisions of section thirty-six hundred thirty-five   of  this  article.  Such  transportation  may  be  provided   upon   the   determination  by  the  board  that a hazardous zone exists which in the   opinion of the board would be reasonably alleviated by the establishment   of a child safety zone. For purposes of this section, child safety  zone   means  a  designated  area  of a school district, including at least one   personal residence,  within  which  children  who  reside  at  a  lesser   distance   from   the  school  they  legally  attend  than  the  minimum   transportation limit of the district will be provided transportation  on   the basis that their most direct walking route to school will traverse a   hazardous zone.3.  The commissioner of transportation shall establish regulations for   determination of a hazardous zone including, but not  limited  to,  such   factors  as  the existence or nonexistence of sidewalks or walkways, the   type of road surface, width of road, footpath or  sidewalk,  the  volume   and  average  speed  of  traffic,  density  of population, violent crime   statistics, density of vacant buildings or structures,  the  commercial,   industrial  or  residential  character  of the area and the existence or   nonexistence of traffic safety features such as traffic  lights,  street   lights   and   traffic  patrols.  In  preparing  such  regulations,  the   commissioner of transportation shall consult with the  commissioners  of   education  and  motor vehicles and representatives from the state police   who have traffic safety responsibilities. Such regulations shall be used   by boards of education in determining whether a hazardous zone exists.4. The board of education of any school district shall,  upon  written   petition  of  a  parent  or other person in parental relation of a child   residing within such district or of  any  representative  authorized  by   such  parent or other person in parental relation, signed by twenty-five   qualified voters of the district or five percent of the number of voters   who voted in the previous annual election of the members of the board of   education, whichever is greater,  make  an  investigation  to  determine   whether  a  hazardous zone exists requiring the establishment of a child   safety  zone.  Petitions  shall  specify   the   geographic   boundaries   comprising  the  proposed  hazardous  zone  and  any  child  safety zone   requested. Petitions and/or additional written requests from  individual   parents  or  persons  in  parental relation requesting designation of an   area as a child safety zone in conjunction with any proposed or existing   hazardous zone may be submitted  provided  that  such  petitions  and/or   requests  shall  not  be  submitted  later  than  the first day of March    preceding the school year for which  transportation  is  requested.  The   school  board shall make its determination before the board presents the   budget for the school year for which transportation  is  requested.  The   parent  or  other person in parental relation of a child not residing in   the district on the first day of  March  may  submit  a  request  within   thirty  days  after  establishing  residence  in the district, but in no   event later than the first day of July of  the  school  year  for  which   transportation  is  requested and the board shall make its determination   within thirty days of receipt of such request.5. The board of education or board of trustees of any school  district   may  directly,  or  by  appointment  of  an  advisory committee, make an   investigation to determine  if  a  hazardous  zone  exists  within  such   district.  Such  investigation shall be made pursuant to the regulations   of the commissioner of transportation  and  shall  include  consultation   with  state or local transportation authorities and the investigation of   other, less costly, reasonable alternatives to the creation of  a  child   safety  zone.  If,  after  such investigation, the board shall determine   that a hazardous zone exists which can be reasonably alleviated, in  the   opinion  of  the  board,  only  by  establishing a child safety zone and   providing transportation in and through such child safety zone, and that   no reasonable, less costly alternatives to such transportation exist  to   alleviate  the  situation,  the board may adopt a separate resolution to   expend money for transportation in child  safety  zones  at  the  annual   district meeting.6.  Where  the  trustees  or  board  of education determines after the   annual district meeting is held that the designation of a new  hazardous   safety  zone is needed as a result of a change in circumstances that was   unknown to the board and not reasonably foreseeable at the time  of  the   annual  meeting,  the  trustees or board of education may call a special   district  meeting  to  vote  on  a  proposition  to  expend  money   for   transportation in child safety zones. The trustees or board of education   shall  establish  procedures for submission of petitions and requests by   individual parents or persons in parental relation for  the  designation   of child safety zones in conjunction with the proposed hazardous zone.7.  Whenever  a  school  board determines that a hazardous safety zone   exists or that a child safety  zone  should  be  established,  it  shall   notify  the  petitioner,  each  requestor of a child safety zone and any   state or local entity with jurisdiction over roadways or property within   such zone.8. The board of education or board of trustees shall conduct a  public   hearing  with  appropriate public notice, upon the board's determination   that a hazardous zone no longer exists or that the need for continuation   of a child safety zone has been alleviated and that such designation  is   to  be rescinded. Within twenty days after the public hearing, the board   shall, by resolution, determine that a hazardous zone continues to exist   or no longer exists and that the need for continuation of a child safety   zone has or has not been alleviated and that the designation  is  or  is   not rescinded.9. In the event that the school board determines that a hazardous zone   does  not  exist, or that other, less costly, reasonable alternatives to   the establishment of a child safety  zone  exist  and  may  be  used  to   alleviate  the  situation,  it  shall  fully  state the reasons for such   determination in writing to the petitioner.10. The cost of providing transportation, pursuant to  the  provisions   of  this  section,  shall be an ordinary contingent expense and shall be   included  as  an  item  of  expense  for  purposes  of  determining  the   transportation quota of such district. 12.  Nothing  in this section shall be construed to impose a duty upon   school boards  to  provide  transportation  services  pursuant  to  this   section  nor  shall  any board of education or board of trustees be held   liable for failure to provide transportation pursuant to  this  section.   The  determination  that  a hazardous zone exists or that a child safety   zone has been established, and the  petitions,  investigatory  materials   and  decision  making  documents  created  or  reviewed  in  making such   determination, shall not be admissible as  evidence  or  used  in  civil   litigation or any suit or action for damages, nor shall any school board   members, school board trustee, school employee, governmental official or   any  other  individual be compelled or permitted, whether by subpoena or   other process, to testify in any such civil  litigation  regarding  such   determination.  A  school  board  member,  trustee,  school  officer  or   employee shall have immunity from any civil or criminal  liability  that   might  otherwise be incurred or imposed as a result of the provisions of   this section provided that such person shall have acted in  good  faith.   For  the purpose of any proceeding, civil or criminal, the good faith of   any such person shall be presumed.13. The commissioner shall submit a report  on  the  status  of  pupil   transportation in child safety zones to the governor, the speaker of the   assembly,  the  temporary president of the senate, and the chairs of the   assembly and senate standing  education  committees,  prior  to  January   first,  two  thousand  one.  The report shall, at a minimum, include the   number of child safety zones established across the state and the  total   number of pupils transported per zone. The report shall also include the   commissioner's recommendations for modification of the child safety zone   provisions,  including,  but  not  limited  to,  the  granting  of state   transportation aid for pupil transportation within such  zones  and  the   process by which child safety zones are established.