N.Y. Education Law § 3621: Definitions

§ 3621. Definitions. As used in this part and subdivision seven of

section thirty-six hundred two of this article:

1. "School district" means common school districts, to the extent that

they provide transportation of students in grades seven through twelve

to a school outside the district, consolidated school districts, central

school districts, central high school districts, union free school

districts, except special act school districts as defined in section

four thousand one of this chapter, and city school districts.

Notwithstanding any provision contained in this chapter to the contrary,

the transportation aid provided, pursuant to subdivision seven of

section thirty-six hundred two of this article and this part shall not

be apportioned and paid to any school district not maintaining a home

school, or to a common school for pupils in kindergarten through grade

six.

2. a. "Pupil" means a child for whom transportation aid is paid and

who lives more than one and one-half miles from the school which he or

she attends, measured by the nearest available road to such school, or a

child who lives more than one mile from an approved route, measured by

the nearest available road to such route, and also lives more than one

and one-half miles from the school which he or she attends. Nothing

contained in this subdivision shall be deemed to require a school

district to furnish transportation to a child who, if a student in an

elementary grade, lives less than two miles or, if a student in an

academic grade, lives less than three miles from the school which he or

she attends, measured by the nearest available road. "Pupil" also means

a child living more than one and one-half miles from the school which he

or she attends who is transported between home and school by a regional

or joint transportation system. "Pupil" also means a child of a pupil

legally attending an elementary or secondary school who receives

transportation pursuant to paragraph f of subdivision one of section

thirty-six hundred thirty-five of this article and who lives more than

one and one-half miles from the school which his or her parent attends,

measured by the nearest available road to such school, or such a child

who lives more than one mile from an approved route, measured by the

nearest available road to such route, and also lives more than one and

one-half miles from the school which his or her parent legally attends.

b. Notwithstanding the provisions of paragraph a of this subdivision,

any school district which provides transportation pursuant to an order

of the commissioner, dated the fourth day of August, nineteen hundred

seventy-eight, for pupils attending grades kindergarten through four who

live more than eight-tenths of a mile but less than one and one-half

miles from the school they legally attend shall be entitled to an

apportionment on the cost of such transportation pursuant to subdivision

seven of section thirty-six hundred two of this article.

c. Notwithstanding the provisions of paragraph a of this subdivision,

any school district which provides transportation pursuant to an order

of the commissioner, dated the nineteenth day of August, nineteen

hundred seventy-seven, for elementary pupils who live more than

eight-tenths of a mile but less than one and one-half miles from the

school they legally attend, or such other distance as the board of

education may establish with the prior approval of the commissioner,

shall be entitled to an apportionment on the cost of such transportation

pursuant to subdivision seven of section thirty-six hundred two of this

article.

3. "Route" means a highway or highways over and upon which a school

bus regularly travels in accordance with a schedule maintained for the

transportation of pupils from their homes to school.

4. "Total annual mileage" means the actual mileage for all purposes

attributable to district-owned school buses for the school year period

of July first through June thirtieth, based on odometer readings,

including mileage for school buses disposed of during the July first

through June thirtieth period.

5. "Total annual allowable mileage" means the actual mileage for

transporting pupils to and from school once daily over scheduled routes

attributable to district-owned or leased school buses for the school

year period of July first through June thirtieth, based odometer

readings, including mileage for school buses disposed of during the July

first through June thirtieth period.

6. "School bus" means any vehicle or other means of conveyance used

for the purpose of transporting pupils.

7. "Storage" means any school bus garage facilities or sites which may

be approved by the commissioner.

8. "Regional or joint transportation system" means a transportation

system in which a school district participates pursuant to a contract

executed in accordance with paragraph h of subdivision twenty-five of

section seventeen hundred nine of this chapter.

9. "District share of the cost of regional or joint transportation

systems" shall mean the share of the cost of such transportation

prorated among all the school district or districts and board or boards

of cooperative educational services participating in the regional or

joint transportation, as determined in accordance with regulations

promulgated by the commissioner, provided that in no case shall there be

any deduction made in determining transportation aid on the basis of bus

mileage travelled in transporting children pursuant to a contract

executed in accordance with paragraph h of subdivision twenty-five of

section seventeen hundred nine of this chapter and provided that

transportation aid for jointly operated transportation system shall be

determined in the same manner as for individual school districts.

10. School bus stop-arm. The term "school bus stop-arm" means an

auxiliary device conforming to the standards established by the

commissioner pursuant to subdivision twenty-one-c of section three

hundred seventy-five of the vehicle and traffic law.

11. School bus back up beeper. The term "school bus back up beeper"

means an auxiliary device conforming to the standards established by the

commissioner pursuant to subdivision twenty-one-d of section three

hundred seventy-five of the vehicle and traffic law.

12. School bus front crossing arm. The term "school bus front crossing

arm" means an auxiliary device conforming to the standards established

by the commissioner pursuant to subdivision twenty-one-e of section

three hundred seventy-five of the vehicle and traffic law.

13. School bus safety sensor device. The term "school bus safety

sensor device" means an auxiliary device conforming to the standards

established by the commissioner pursuant to subdivision twenty-one-f of

section three hundred seventy-five of the vehicle and traffic law.

14. "Exterior reflective markings" shall mean the exterior reflective

marking required to be attached to school buses pursuant to subdivision

twenty-one-h of section three hundred seventy-five of the vehicle and

traffic law.

15. School bus engine fire suppression system. The term "school bus

engine fire suppression system" shall mean an auxiliary device required

to be installed pursuant to subdivision twenty-one-i of section three

hundred seventy-five of the vehicle and traffic law and which conforms

to standards established by the commissioner of transportation pursuant

to such subdivision.