A 43: Authorizes a school district in the village of Tuckahoe, by resolution, to limit transportation of students to 7 miles.

  
  STATE OF NEW YORK ________________________________________________________________________ 43 2025-2026 Regular Sessions  IN ASSEMBLY (Prefiled) January 8, 2025 ___________ Introduced by M. of A. PAULIN -- read once and referred to the Committee on Education AN ACT to amend the education law, in relation to the transportation of children residing in a school district in the village of Tuckahoe The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraphs a, b and e of subdivision 1 of section 3635 of 2 the education law, paragraph a as amended by section 11 of part A of 3 chapter 97 of the laws of 2011, paragraph b as amended by chapter 718 of 4 the laws of 1990, subparagraph (i) of paragraph b as amended by chapter 5 571 of the laws of 1994 and paragraph e as amended by chapter 665 of the 6 laws of 1990, are amended to read as follows: 7 a. Sufficient transportation facilities (including the operation and 8 maintenance of motor vehicles) shall be provided by the school district 9 for all the children residing within the school district to and from the 10 school they legally attend, who are in need of such transportation 11 because of the remoteness of the school to the child or for the 12 promotion of the best interest of such children. Such transportation 13 shall be provided for all children attending grades kindergarten through 14 eight who live more than two miles from the school which they legally 15 attend and for all children attending grades nine through twelve who 16 live more than three miles from the school which they legally attend and 17 shall be provided for each such child up to a distance of fifteen miles, 18 except upon the adoption of a resolution, limiting such transportation 19 to seven miles, by the board of education of a school district in the 20 village of Tuckahoe, the distances in each case being measured by the 21 nearest available route from home to school. The cost of providing such 22 transportation between two or three miles, as the case may be, and seven 23 or fifteen miles, as the case may be, shall be considered for the 24 purposes of this chapter to be a charge upon the district and an ordi- 25 nary contingent expense of the district. Transportation for a lesser 26 distance than two miles in the case of children attending grades kinder- 27 garten through eight or three miles in the case of children attending EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00019-01-5 
 A. 43 2 1 grades nine through twelve and for a greater distance than seven or 2 fifteen miles, as the case may be, may be provided by the district with 3 the approval of the qualified voters, and, if provided, shall be offered 4 equally to all children in like circumstances residing in the district; 5 provided, however, that this requirement shall not apply to transporta- 6 tion offered pursuant to section thirty-six hundred thirty-five-b of 7 this [article] part. 8 b. (i) School districts providing transportation to a nonpublic school 9 for pupils living within a specified distance from such school shall 10 designate one or more public schools as centralized pick-up points and 11 shall provide transportation between such points and such nonpublic 12 schools for students residing in the district who live too far from such 13 nonpublic schools to qualify for transportation between home and school. 14 The district shall not be responsible for the provision of transporta- 15 tion for pupils between their home and such pick-up points. The 16 district may provide school bus transportation to a pupil if the resi- 17 dence of the pupil is located on an established route for the transpor- 18 tation of pupils to the centralized pick-up point provided such trans- 19 portation does not result in additional costs to the district. The cost 20 of providing transportation between such pick-up points and such nonpub- 21 lic schools shall be an ordinary contingent expense. 22 (ii) A board of education may, at its discretion, provide transporta- 23 tion for pupils residing within the district to a nonpublic school 24 located more than fifteen miles from the home of any such pupil provided 25 that such transportation has been provided to such nonpublic school 26 pursuant to this subdivision in at least one of the immediately preced- 27 ing three school years and such transportation is provided from one or 28 more centralized pick-up points designated pursuant to this paragraph 29 and that the distance from such pick-up points to the nonpublic school 30 is not more than fifteen miles. Provided, however, that in a school 31 district that has adopted a resolution providing that the maximum 32 distance for transportation is seven miles, pursuant to paragraph a of 33 this subdivision, the board of education may, at its discretion, provide 34 transportation for pupils residing within the district to a nonpublic 35 school located more than seven miles from the home of any such pupil 36 provided that such transportation has been provided to such nonpublic 37 school pursuant to this subdivision in at least one of the immediately 38 preceding three school years and such transportation is provided from 39 one or more centralized pick-up points designated pursuant to this para- 40 graph and that distance from such pick-up points to the nonpublic school 41 is not more than seven miles. The district shall not be responsible for 42 the provision of transportation for pupils between pupils homes and such 43 pick-up points. The cost of providing transportation between such pick- 44 up points and such nonpublic schools shall be an ordinary contingent 45 expense. 46 e. In lieu of the transportation provided pursuant to the foregoing 47 provisions of this subdivision, a board of education may, at its 48 discretion, provide transportation to any child attending grades kinder- 49 garten through eight between the school such child legally attends and 50 before-and/or-after-school child care locations. For the purposes of 51 this subdivision, a before-and/or-after-school child care location shall 52 mean a place, other than the child's home, where care for less than 53 twenty-four hours a day is provided on a regular basis for a child who 54 attends school within the school district, provided that such place is 55 situated within the school district. This definition includes, but is 56 not limited to, a variety of child care services such as day care 
 A. 43 3 1 centers, family day care homes and in-home care by non-relatives. Such 2 transportation may be provided for children attending grades kindergar- 3 ten through eight where the distance between the school they legally 4 attend and before-and/or-after-school child care locations is more than 5 two miles, and may be provided for up to a distance of fifteen miles, 6 except upon the adoption of a resolution, limiting such transportation 7 to seven miles, by the board of education of a school district in the 8 village of Tuckahoe, the distance in each case being measured by the 9 nearest available route from before-and/or-after-school child care 10 locations to the school they legally attend, except that transportation 11 for a lesser distance than two miles or a greater distance than five or 12 fifteen miles, as the case may be, may be provided if transportation for 13 such distances is provided to students between home and school. Where a 14 child receives transportation from a before-school child care location 15 to the school he or she legally attends, such child shall be entitled to 16 receive transportation from the school he or she legally attends to his 17 or her home or to an after-school child care location in accordance with 18 this subdivision. Where a child receives transportation from the school 19 he or she legally attends to an after-school child care location, such 20 child shall be entitled to receive transportation from home to the 21 school he or she legally attends in accordance with this subdivision. 22 Transportation may be provided to any child attending grades kindergar- 23 ten through eight between the school the child legally attends and 24 before-and/or-after-school child care locations upon written request of 25 the parent or legal guardian submitted not later than the first day of 26 April preceding the next school year, provided, however, a parent or 27 guardian of a child not residing in the district on such date shall 28 submit a written request within thirty days after establishing residence 29 in the district and provided further that in order to be considered 30 eligible for such transportation in the nineteen hundred eighty-seven-- 31 eighty-eight school year, such request must be submitted by August 32 first, nineteen hundred eighty-seven. The provision of transportation to 33 or from before-and/or-after-school child care locations, if provided, 34 shall be offered equally to all children in like circumstances residing 35 in the district, provided that a board of education furnishing transpor- 36 tation pursuant to this paragraph may limit the provision of such trans- 37 portation to child care locations located within the attendance zone of 38 the school the child attends, and to child day care centers and school 39 age child care programs licensed or registered pursuant to section three 40 hundred ninety of the social services law located anywhere within the 41 school district. The cost of providing such transportation between two 42 or three miles, as the case may be, and seven or fifteen miles, as the 43 case may be, shall be considered for the purposes of this chapter to be 44 a charge upon the district. Such substitute transportation expense shall 45 be eligible for state aid in accordance with [clause] subparagraph one 46 of paragraph b of subdivision seven of section thirty-six hundred two of 47 this [chapter] article. Nothing in this subdivision shall be construed 48 to impose a duty upon boards of education to provide transportation to 49 or from before-and/or-after-school child care locations. Nothing in this 50 subdivision shall be construed to authorize boards of education to 51 provide to any child transportation between a before-and/or-after-school 52 day care location and that child's home. 53 § 2. This act shall take effect on the first of July next succeeding 54 the date on which it shall have become a law.