2023 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.