N.Y. Education Law § 3625: Contracts

§ 3625. Contracts. 1. Form of transportation contracts. Every

contract for transportation of school children shall be in writing or in

an electronic form approved by the commissioner when available, and

before such contract is filed with the department as required by

subdivision two of this section, the same shall be submitted for

approval to the superintendent of schools of said district and such

contract shall not be approved and filed by such superintendent unless

he or she shall first investigate the same with particular reference to

the type of conveyance, the character and ability of the driver, the

routes over which the conveyances shall travel, the time schedule, and

such other matters as in the judgement of the superintendent are

necessary for the comfort and protection of the children while being

transported to and from school. Every such contract for transportation

of children shall contain an agreement upon the part of the contractor

that the vehicle shall come to a full stop before crossing the track or

tracks of any railroad and before crossing any state highway.

2. Filing of transportation contracts. Every transportation contract

shall be filed with the department within one hundred twenty days of the

commencement of service under such contract. No transportation expense

shall be allowed for a period greater than one hundred twenty days prior

to the filing of any contract for the transportation of pupils with the

education department. No contract shall be considered filed unless it

bears an original signature, in the case of a written document, or a

certification, in the case of an approved electronic form, of the

superintendent of a school district or the designee of the

superintendent and the sole trustee or president of the board of

education of the school district. The final approval of any such

contract by the commissioner shall not, however, obligate the state to

allow transportation expense in an amount greater than the amount that

would be allowed under the provisions of this part. The state, acting

through the department of audit and control, may examine any and all

accounts of the contractor in connection with a contract for the

transportation of pupils, and every such contract shall contain the

following provision: "The contractor hereby consents to an audit of any

and all financial records relating to this contract by the department of

audit and control."

3. Allowable expense for transportation contracts. The allowable

transportation expense for any school district contracting for the use

of a bus or buses for the transportation of any or all the pupils

attending school in such school district, other than a contract with a

public service facility for such transportation operated on routes under

franchise or operated by a municipality or public authority, shall be

determined in the same manner as though such bus or buses were district

owned, except that the amount computed for such bus or buses used in the

computation of the transportation expense may not exceed the amount of

the contract or contracts for such bus or buses.

4. No transportation aid or other public moneys shall be apportioned

and paid as provided in this chapter to any district furnishing

transportation for pupils until the contract for transportation shall

also have been approved by the commissioner. In defraying any expense

incurred in providing transportation of any pupils or children under any

provision of this chapter, public moneys apportioned to the district in

which such pupils or children reside may be used therefor.

5. Transportation contract penalties. a. All acts done and proceedings

heretofore had and taken, or caused to be had and taken, by school

districts and by all its officers or agents relating to or in connection

with a transportation contract, to be filed with the department, where

such contract was not timely executed and/or filed within one hundred

twenty days of the commencement of service under such contract pursuant

to subdivision two of this section and/or where the advertisement for

bids for such contract did not meet the requirements set forth in

paragraph a of subdivision fourteen of section three hundred five of

this chapter, and all acts incidental hereto are hereby legalized,

validated, ratified and confirmed, notwithstanding any failure to comply

with such filing and/or advertising provision or provisions, provided

that the conditions in subparagraphs one, two, three, and four of

paragraph b of this subdivision are met.

b. The department is hereby directed to consider the aforementioned

contracts for transportation aid as valid and proper obligations and

shall not recover from such school districts any penalty arising from

the failure to execute and/or file a transportation contract in a timely

manner and/or meet such advertisement requirements, provided that any

amounts already so recovered shall be deemed a payment of moneys due for

prior years pursuant to paragraph c of subdivision five of section

thirty-six hundred four of this article and shall be paid to the school

district pursuant to such provision, provided that:

(1) such school district submitted the contract to the commissioner

and such contract is for services in the two thousand twelve--two

thousand thirteen school year or thereafter;

(2) such contract is approved by the commissioner;

(3) all state funds expended by the school district were properly

expended for such transportation as approved by the commissioner; and

(4) the failure to execute or file such contract in a timely manner

and/or meet such advertisement requirements was an inadvertent

administrative or ministerial oversight by the school district or due to

extenuating circumstances, and there is no evidence of any fraudulent or

other improper intent by such district, as determined by the

commissioner.