N.Y. Education Law § 1501-b: Additional power of boards of education

§ 1501-b. Additional power of boards of education. 1. The board of

education of any school district is hereby authorized and empowered to

rent or lease for such consideration as may be determined by such board,

a motor vehicle or vehicles owned by the respective school district

during any time when such vehicle or vehicles are not needed for the

transportation of such children, which are otherwise used for the

transportation of the school children of such district to:

(a) any senior citizens center or organization that is recognized and

funded by the office for the aging;

(b) any non-profit incorporated organization serving senior citizens;

(c) any non-profit incorporated organization serving the physically or

mentally handicapped;

(d) any not-for-profit organization that provides recreation, youth

services, or the operation of playgrounds or neighborhood recreation

centers;

(e) any municipal corporation, as defined in the general construction

law;

(f) any not-for-profit organization providing transportation services

in rural counties as defined in section seventy-three-c of the

transportation law for children participating in the agricultural child

care program authorized by the agriculture and markets law; and

(g) an operator of a coordinated public transportation service, as

defined by section seventy-three-c of the transportation law, for the

purpose of providing a portion of a coordinated public transportation

service plan as authorized by article two-F of the transportation law.

(h) any not-for-profit organization, community based organization, or

educational or employment and training agency which provides education

or employment and training services for youths and adults in a rural

county, as defined by section seventy-three-c of the transportation law.

(i) any fire company as defined in subdivision two of section three of

the volunteer firefighters' benefit law, or an ambulance company as

defined in subdivision two of section three of the volunteer ambulance

workers' benefit law.

2. In the event a school district is wholly or partially located in a

county which has appointed a services coordinator as defined in section

seventy-three-c of the transportation law, the board of education of

such school district is authorized and empowered to contract, for such

consideration as it shall determine, to store, maintain and repair any

motor vehicle of and provide driver training for the operator of any

motor vehicle used to provide a portion of a coordinated public

transportation service as authorized by article two-F of the

transportation law and owned by any municipal corporation as defined by

the general construction law or any not-for-profit incorporated

organization providing a portion of a coordinated public transportation

services plan as authorized by article two-F of the transportation law.

The board of education of such school district shall not enter into such

contract until it is determined that it presently has the capability and

facilities necessary for provision of such services and that provision

of such services will not adversely affect the ability of the district

to provide educational services to the children of such school district.

3. The board of education of any school district is also authorized

and empowered to contract with an operator of a coordinated public

transportation service for the purpose of providing any other portion of

a coordinated public transportation services plan as authorized by

article two-F of the transportation law, provided that such board of

education of such school district has determined that it presently has

the capability and facilities necessary for provision of such services

and that provision of such services will not adversely affect the

ability of the district to provide educational services to the school

children of such district.

4. In any case where such motor vehicle is leased pursuant to

subdivision one of this section or where any services are contracted for

pursuant to subdivision two or three of this section, the consideration

to be received for such lease or contract shall not be less than the

full amount of the costs and expenses resulting from such lease or

contract.

(a) For the purposes of this section, the full amount of the costs and

expenses resulting from any lease of any vehicle pursuant to subdivision

one of this section shall include but not be limited to the costs of

operation, maintenance and repair of such vehicle, the current fair

market value of the purchase price of the vehicle annualized for the

vehicle's remaining useful life, the cost of public liability and

property damage insurance, fire insurance and compensation insurance of

drivers and the cost of collision insurance in the amount of the value

of the vehicle to protect the lessor.

(b) For the purposes of this section, the full amount of the costs and

expenses resulting from any contract for services pursuant to

subdivision two or three of this section shall include but not be

limited to that portion of the costs of any employees, equipment or

facilities which can be attributed to the provision of such services.