NY Educ L § 3627 (2021)
2021 New York Laws EDN - Education Title 5 - Taxation and Financial Administration Article 73 - Apportionment of Public Moneys Part 2 - Aidable Transportation Expense 3627 - Transportation After 4pm.

§  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  and  thereafter  such  aid shall be limited to the sum of nineteen 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.