2023 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  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 and  thereafter  such
aid  shall  be  limited  to the sum of twenty-four 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.
* NB Effective until July 1, 2024
* 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.
* NB Effective July 1, 2024
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.