NY Educ L § 3623-A (2021)
2021 New York Laws EDN - Education Title 5 - Taxation and Financial Administration Article 73 - Apportionment of Public Moneys Part 2 - Aidable Transportation Expense 3623-A - Allowable Transportation Expense.

§  3623-a.  Allowable  transportation  expense. For the computation of transportation aid pursuant to the requirements of subdivision seven  of section  thirty-six hundred two of this article and this part, allowable transportation expense shall include expenditures  for  aidable  regular transportation  as defined in section thirty-six hundred twenty-two-a of this part, provided that such expense shall be  limited  to  expenditure items  listed  in  subdivision  one  of  this  section as transportation operating  expense  and  in  subdivision  two   of   this   section   as transportation capital, debt service and lease expense.   1.   Transportation   operating   expense   shall  include  base  year expenditures  for  the  following,  provided  that  such  transportation operating  expense  shall meet the requirements set forth in subdivision three of this section:   a. Computerized bus routing services;   b. Contracting for the transportation of any  or  all  of  the  pupils attending  school  in such school district, other than a contract with a public service facility for such transportation operated on routes under franchise;   c. The use of public  service  facilities  on  routes  operated  under franchise or by a municipality or public authority for any or all of the pupils in the district, provided that the allowance for each pupil using such  facilities  shall not exceed two single fares a day for such pupil multiplied by the number of days which such pupil attends school;   d. The school district's share of the cost  of  a  regional  or  joint transportation system;   e.   The  following  expenses  for  district  operated  transportation systems, including operation of district owned or district leased school buses:  (1) salaries and retirement benefits related to transportation, except salaries  and  retirement  benefits  for  assistant  drivers  on   buses transporting nondisabled pupils;  (2)   employers'  social  security  contributions  for  transportation personnel for whom salaries are allowable;  (3) health, life  and  other  insurance  premiums  for  transportation personnel for whom salaries are allowable;  (4)  premiums  for  collision  and other insurance coverage for school buses;  (5) uniforms  for  transportation  personnel  for  whom  salaries  are allowable;  (6)  costs  incurred  by the employer for qualifying criminal history, drivers license, or  other  required  testing  attributable  to  special requirements  for  drivers  of school buses pursuant to state or federal law including pre-employment and random  drug  and  alcohol  testing  as required  under  subdivision  six  of section five hundred nine-g of the vehicle and traffic law;  (7) fuel, oil, tires,  chains,  maintenance  and  repairs  for  school buses;  (8) bridge tolls;  (9) transportation by boat or airplane, because of the location of the school  district  in  relation  to  the school which the children of the district attend, or required room  and  board  in  connection  therewith necessitated because of impassable waters or adverse weather conditions, which has been approved by the commissioner;  (10)  the  consideration  for  the  contract or contracts made for the purpose of providing transportation by horse-drawn vehicle or  vehicles, if any school district shall be required to provide such transportation; and  (11)  other  expenses for district operated transportation systems, as approved pursuant to regulations of the commissioner.   f.  Other  transportation  operating  expenses as approved pursuant to regulations of the commissioner.   2. Allowable transportation capital, debt service  and  lease  expense shall include base year expenditures for:   a. The purchase of school buses as approved by the commissioner;   b.  The  lease,  as approved by the commissioner, of a school bus by a school district from  another  school  district,  board  of  cooperative educational  services  or  a  county  vocational education and extension board, or any school bus leased by a  school  district  from  any  other source under emergency conditions, as determined by the commissioner, or any  school  bus  leased  by  a school district from any other source as otherwise authorized by this chapter;   c. The purchase of equipment deemed a proper school district  expense, including:  (i) the purchase of two-way radios to be used on old and new school buses, (ii) the purchase of stop-arms, to be used on old and  new school  buses,  (iii) the purchase and installation of seat safety belts on school buses in accordance with the provisions of section  thirty-six hundred  thirty-five-a  of this article, (iv) the purchase of school bus back up beepers, (v) the purchase of school  bus  front  crossing  arms, (vi)  the  purchase  of  school  bus  safety  sensor  devices, (vii) the purchase and installation  of  exterior  reflective  marking  on  school buses,  (viii)  the  purchase  of  automatic  engine  fire extinguishing systems for school buses used to transport students who use  wheelchairs or  other  assistive  mobility  devices,  and (ix) the purchase of other equipment as prescribed in the regulations of the commissioner; and   d. Other transportation capital, debt service and  lease  expense,  as approved pursuant to regulations of the commissioner.   e.  Any  approved  cost  of  construction,  reconstruction,  lease  or purchase of a transportation storage facility or site in the  amount  of ten  thousand  dollars  or  more  shall  be  aidable  in accordance with subdivision six of section thirty-six hundred two of  this  article  and shall not be aidable as transportation expense.   3.  a.  The  transportation  operating expense for any school district furnishing transportation for pupils  attending  a  school  within  such district shall be reduced by any moneys received for transportation.   b.  If  a  district transports nonresident pupils, moneys received for such transportation shall also be deducted in calculating transportation aid, 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.   c. Where a school district contracts for  the  transportation  of  its pupils  with  a contractor and such contract results in the joint use of one or more school buses with another district or districts contracting, independently, with the same contractor,  the  transportation  operating expense  applicable  to such bus or buses for such route or routes shall be prorated to each district. The total transportation operating expense for all districts that are parties to such contract shall not exceed the consideration of the contract.   4. Notwithstanding  the  provisions  of  this  section  or  any  other provision  of law to the contrary, for the computation of transportation aid pursuant  to  the  requirements  of  subdivision  seven  of  section thirty-six   hundred  two  of  this  article,  allowable  transportation expenses shall also include transportation operating expenses  described in  subdivision  one  of  this  section and transportation capital, debt  service and lease expenses described in subdivision two of this  section incurred  in the two thousand nineteen--two thousand twenty school year: (i) during the state disaster emergency declared pursuant  to  executive order  202 of 2020 in the case of expenses pursuant to subdivision eight of section thirty-six hundred twenty-two-a of this part; and (ii) during the period between the  issuance  of  executive  order  202.4  on  March sixteenth,  two  thousand  twenty  and  the  issuance of executive order 202.28 on May seventh, two thousand  twenty  in  the  case  of  expenses pursuant  to subdivision nine of section thirty-six hundred twenty-two-a of this part. Such expenses shall be allowable  transportation  expenses even   where  aidable  regular  transportation  as  defined  in  section thirty-six hundred twenty-two-a of this  part  of  transportation  after four pm pursuant to section thirty-six hundred twenty-seven of this part was not provided.